How to Get a Resisting Arrest Charge Dropped: A Comprehensive Guide
Getting a resisting arrest charge dropped can be challenging, but it's not impossible. The success depends heavily on the specific circumstances of your arrest and the evidence available. This guide explores various strategies and considerations. Remember, this information is for educational purposes and should not be considered legal advice. Always consult with a qualified attorney for personalized guidance on your case.
Understanding Resisting Arrest Charges:
Resisting arrest is a criminal offense that involves actively obstructing or opposing a law enforcement officer during an arrest. The specifics vary by jurisdiction, but generally involve actions like fleeing, physically struggling, or verbally threatening an officer. The severity of the charge often depends on the perceived level of resistance and the resulting consequences.
H2: What are the common defenses against resisting arrest charges?
Several defenses can be used to challenge resisting arrest charges. A successful defense often hinges on proving one or more of the following:
- Unlawful Arrest: If the initial arrest was illegal (e.g., lack of probable cause, warrant improperly executed), resisting that unlawful arrest can be a strong defense. This often requires demonstrating the officer lacked sufficient reason to believe a crime had been committed.
- Excessive Force by the Officer: If the officer used excessive force during the arrest, this can significantly weaken their case. Evidence of injuries, witness testimonies, and body camera footage can support this defense.
- Self-Defense: If the individual felt their safety was genuinely threatened, they might argue self-defense. However, this is a high bar to clear, requiring a clear and present danger to be proven.
- Lack of Intent: Showing the actions were unintentional or accidental rather than intentional resistance can be a viable defense strategy.
- Mistaken Identity: If the arresting officer mistook the individual for someone else, this can lead to the charge being dropped.
H2: Can I get a resisting arrest charge dismissed before trial?
Yes, there's a possibility of having the charge dismissed before trial. This often happens through:
- Plea Bargain: Your attorney might negotiate a plea bargain with the prosecution, offering a lesser charge or alternative resolution in exchange for dropping the resisting arrest charge. This is a common outcome.
- Motion to Dismiss: The attorney might file a motion to dismiss, arguing that the evidence is insufficient to prove the charge beyond a reasonable doubt. This requires demonstrating flaws in the prosecution's case.
- Lack of Evidence: If the prosecution lacks sufficient evidence (e.g., no witnesses, no body camera footage contradicting the defendant's account), they might choose to drop the charges.
H2: What if I have a video of the arrest?
Having a video of the arrest, whether from a bystander, security camera, or your own body camera, can be extremely beneficial. This can provide crucial evidence supporting your defense, particularly if it shows excessive force or an unlawful arrest. This video evidence should be shared with your attorney immediately.
H2: How much does it cost to fight a resisting arrest charge?
The cost of fighting a resisting arrest charge varies greatly depending on several factors, including the complexity of the case, the lawyer's fees, court costs, and expert witness fees. It's crucial to consult with several attorneys to understand the potential costs involved.
H2: What are the potential consequences of a resisting arrest conviction?
The consequences of a resisting arrest conviction can be severe and include fines, jail time, a criminal record, and a negative impact on future employment opportunities.
H2: Should I talk to the police after an arrest?
It's generally advisable to remain silent and request an attorney after an arrest. Anything you say can be used against you in court.
Conclusion:
Successfully getting a resisting arrest charge dropped requires a strong defense strategy, often involving a skilled attorney. Gathering evidence, understanding the legal nuances, and building a credible defense are crucial steps. Remember, seeking professional legal counsel is vital to protect your rights and navigate this complex legal process effectively. Do not attempt to navigate this alone; seeking legal counsel is your best course of action.
