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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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Tina
Tina, Lawyer
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Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Resisting Arrest Questions

  • I am a 58 7 y/o female with Multiple Sclerosis. I was in a

    I am a 58
    7 y/o female with Multiple Sclerosis. I was in a wheelchair and have a service dog. Back in August of this year, I was tackled by a phoenix police officer. I am charged with: grand theft and resisting arrest. Non of this is true. I was paying a taxi driver with my amex and for whatever reason it was declined. This was not because of me. I contacted Amex Platinum and they did not even have have a merchant request for payment. They said over a speaker phone, " Ms. Patton, we have not even received a request for paynent, submit whatever amount you want and we will pay."
    This was late on a Friday night, I believe in the Arizona Biltmore parking lot.
    This went on for several hours. The driver of the taxi, I will provide the company name in a minute, took my belongings out of the taxi and through them on the ground. When the police arrived, he approached me and said, " you are intoxicated and disoriented." I informed him that I do not drink. I srated I have MS and need to get to my cottage and take my medicine. I also have a life-threatening conditio, Pituitary adrenal axis insuffiency. I need to take steroids to stay alive. I have alot of difficulty with the humidity and require more steroids. The humidity is a major stressor on MS and the Pituitary adrenal axis insuffiency. The officer informed me that it was not hot and denied my request to get my life saving medication.
    even after being informed by AMEX Athat the problem was not with me the office continued to harass me, threaten me, took my service dog away from me, ( my service dog has colon cancer and had been recently hospitalized.) The police officer unformed me that I would never see my service animal again that he was going to have him put away in a shelter and I would never find him. This went on for several hours. I had had bowel surgery and alot of my intestines removed. Subsequently I have a condition called Short Gut Syndrome. As a result, after I eat I have diarrhea. The taxi driver, her daughter and I just eaten at the restaurant at the Biltmore. I asked the security guard who was suppose to assist me in the wheelchair to take me to the restroom. This fell on deaf ears. Unfortunately I defacated in my clothes. I then asked the security guard to take me to the restroom again and to please ask the officer if I could get a diaper. He never did.
    So I sat in my feces for a few hours until this ordeal was over.
    After I put up my wrists to be hanculled by the policeman, which he stated he didn't have to cuff me, I asjed, "what about my rights?" He informed me. he didn't have to read me my rights. I said I would like an attorney and he informed me he didn't have to listen to me. He continued to threaten me with going to jail for grand theft and resisting arrest. All I cold think of was, " at least there's air conditioning in jail. I was in serious distress. He called EMS and when they came, I informed then, all I need is to get my medicine, my steroids. I have a PORT, this is an implant in my left chest wall for venous access. EMS for whatever reason does not access PORTS. I believe this is because of the risk of infection. EMS then left after that. I told everyone the best I could thar I just needed to get to my steroids. I was not offered any other assistance. I would of liked fir EMS techs to have assisted me in getting my meds, however, I'm not certain that they understand the serious nature and possible consequences as a result of me not getting my medication.
    After stating to the officer we are done talking, I have nothing else to say, that my answer is the same this time, as it was the first time.
    I could barely talk or walk as it was.
    I the security guard never asked the officer if I could get a diaper.
    The next day I asked him why, he saided, " it wasn't his ordeal." ( I have all individuals names). Stunned by the actions of the security guard (s), at the Biltmore. Clearly nit interested in my welfare.
    I finally got myself out of the wheelchair and was trying to get to my cottage before I become unconcious. It was about 87 degrees and extremely humid outside that night. The security provided the officer with water, but not me.
    When I stood up the officer talked me me. He hancufeed me, talked me to Tha ground, wwhere I stayed on my knees for another couple hours. He caused me to bleed and injured my foot. He hurt my neck. I had just recently received trigger point injections in my upper back from acute spasm.
    Eventually other police came. PI cures were taken. I was let go. I went to the ER and contacted a CRomina Defense attorney. After revuew, he informed me no charges brought against me.
    A few weeks later I received a summons in the mail to appear in Municipal Court.
    there is more information on this, just difficult to include everything. I get very tired and the stress of reliving this nightmare is detrimental to the MS. I become extremely anxious. traumatized, on ativan. Pls advise.
  • I need to recover video footage as evidence from a business

    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?

    Here is a link to my cities court system just incase. I do have experience going to the circuit and district courts when I filed a motion for postponement. If you need more information I have plenty of it.

    http://www.courts.state.md.us/courtforms/

    Thanks
  • My 27 yr. old son has a case against him on 2 counts; 1)resisting

    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.
    3. This officer further states that he lost the vehicle within 1 mile.
    4. 7 hours later, around midnight, this officer shows up at my son's place of residence and begins asking questions about the vehicle.
    5. When my son asks the reason the cop was there, he was told this officer witnessed a vehicle matching my sons and this license plate driving recklessly.
    6. At that point my son refused to answer any more questions and asked for a warrant and any proof...neither were provided.
    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.
    11. He is charged with resisting arrest and reckless driving.

    Questions:
    1. The reckless driving charge is a misdemeanor and there was no warrant issued for my son's arrest, does the officer have the right to order my son go back to his room and get his license?
    2. Does the officer have the right to reach in and attempt to grab my son's arm without stating that he was placing him under arrest? or, further explaining his justification in asking for a license to begin with?
    3. The severity of the reckless driving does not appear to warrant this intrusion and arrest, but, if the severity was deemed, wouldn't it be protocol to make an attempt to call an on-duty officer to pursue the vehicle at the time of the reckless driving?
    4. Wouldn't it be standard protocol to ask to see ID at the door before asking questions?

    Thank you for any insight into the terribly situation. Oh, my son has never been arrested for anything and as a result of being held in jail has now lost his job because he failed to show up or answer his phone when called.
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