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Resisting Arrest

By law, no person may resist a lawful arrest made by a police officer by using any physical force. Resisting an arrest may involve the arrestee to physically struggle with the officer when he/she is being placed inside the patrol car or jail cell, not allowing the handcuffs to be placed, fleeing the police officer, attacking or threatening to attack the police officer, or providing false identification. For more information on problems arising out of resisting arrest read below to find Expert answers to commonly asked questions on the subject.

If an individual is Canadian and has been charged with resisting arrest, trespassing and possession of illegal drugs in New York, will this individual be allowed in the U.S. again?

If the individual has not been convicted of the charges, the individual will be able to re-enter the U.S. The illegal drug possession case against the individual may be Adjourned in Contemplation of Dismissal (ACD) in the New York State without a plea or conviction. However, the other two misdemeanor charges will not qualify for this suspension.

It may be wise to hire a local attorney to file a Plea Bargain that the charges be reduced to disorderly conduct or a lesser form of trespass in which case the individual will be pleading to infractions and not a misdemeanor. This will not cause any difficulty when the individual wishes to return to the United States again. Also, the individual may have the option of applying for a waiver in advance of a trip to avoid embarrassment of being declined at the entry at the border. The individual can get in touch with Homeland Security to determine whether the waiver will be necessary.

Can anxiety be grounds for resisting arrest and not being able to show up in court? Can such a case be dismissed without losing the bond money?

In many cases, the case cannot be dismissed without a hearing, which means that the individual could be charged with failure to appear in court if he/she does not show up. If the individual cannot afford an attorney, the individual may contact the public defender’s office for representation in arraignment. If the individual is unable to go to court for medical reasons, the individual will need to provide proof of hospitalization so that the court may continue the matter at a later date.

Can a person be charged with resisting arrest alone? Can the individual file a motion to dismiss based on the arraignment or will the individual have to wait until the pre-trial?

Resisting arrest is a separate crime and the individual can be charged with that alone even though there were no other charges filed at that time. However, the police will have to show probable cause for arresting the individual. It is possible that the charge has not yet been filed against the,. However, the individual may file a Motion to Dismiss alone, however, it is best to get an attorney to represent the individual at the pre-trial.

What can an individual do in California who is being charged with resisting arrest and a traffic ticket? The individual is worried about losing their medical license.

The CA Medical Board states several reasons for disciplinary action leading to revoking the Medical License including being sued for malpractice, being indicted by a Grand Jury, being a sex offender, drug or alcohol use, receiving public complaints, etc. However, resisting arrest may not be one of them. You see, for any charge to have an impact on a person’s Medical License, the Board will have to prove that there is a direct relation between the charge and a person’s fitness to conduct professional services under their License. With that being said, if the individual has been charged with resisting arrest after being stopped for alcohol abuse, the medical board will look into the case as to whether or not there is in fact a substance abuse problem that can harm the individual’s professional actions. If the medical board does not find any harm, then it may be unlikely that the individual will lose their license.

Resisting a lawful arrest is a Class 1 misdemeanor punishable by a maximum of confinement in jail for up to twelve months and a fine of up to $2,500, either or both in most states. Various factors like a person's criminal history, work, education, substance abuse, etc. may influence sentencing. The judge has much discretion in sentencing and in some cases, may impose community service. But in all cases, there will be fines and costs though these may be lower than the maximum sentencing. For more information on laws relating to Resisting Arrest, contact the Experts.
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Recent Resisting Arrest Questions

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    I need to recover video footage as evidence from a business establishment. A fight broke out and the police got involved. I have an ongoing case and need to view this video footage. I have a pre-trial date coming up for May 30th for a misdemeanor after being convicted due to a lack of evidence. I had a lawyer but it didn't work out. I am in search for a new one but need to view this evidence first. I was told they had all video archives since they've opened.

    What steps do I take so I can see this video footage before I hire a lawyer? Will it be a civil rights lawyer I need to hire?

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    My 27 yr. old son has a case against him on 2 counts; 1)resisting arrest and 2)reckless driving.
    The case occurred in Colorado and has the following basic facts:
    1. An off-duty police officer (on his way to work) witnessed a vehicle that matched my son's vehicle description driving recklessly on the freeway.
    2. This officer stated he was able to obtain the license plate number.
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    7. The officer then ordered to see his driver's license - which my son refused and stated he had to get ready for work.
    8. The officer states my son was attempting to close the door so the officer reach in the doorway to grab my son.
    9. My son pulled his arm back and ran upstairs. The officer pursued and called for back up.
    10. 5 police cars appeared within a few seconds (suspicious on its own) and pursued arresting my son.
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  • http://www.ripoffreport.com/r/Copper-Canyon-Grill-of-Downtown-Silver-Spring-MD/Silver-Spri

    http://www.ripoffreport.com/r/Copper-Canyon-Grill-of-Downtown-Silver-Spring-MD/Silver-Spring-Maryland-20910/Copper-Canyon-Grill-of-Downtown-Silver-Spring-MD-Rediscover-Copper-Canyon-Grill-Invitati-857826

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