You may have heard popular culture references to individuals being charged with resisting arrest on television, in books or in movies. You may have witnessed the kind of exchange between law enforcement and a suspect that leads to such charges. You may even have been accused of this conduct yourself. Whether you have only heard of this charge or are seeking a criminal defense attorney to defend you from potential consequences associated with this charge, it is important to understand it.
Understanding your rights and responsibilities under the law is one of the only solid ways you can protect yourself from being thrown in jail or being compelled to navigate other frustrating consequences of being convicted of a crime. Basically, if you are told by law enforcement that you are under arrest, it is your responsibility to allow officers to carry out arrest-related procedures.
You may feel that your arrest is ludicrous and unfounded. You may be infuriated or terrified. When humans are outraged, we tend to act. When we are frightened, we tend to be triggered by a fight or flight response. If you are placed under arrest, you generally need to resist the urge to act, to fight back or to flee. You will generally serve yourself and the case against you best if you quietly comply and wait to answer questions until your attorney is present.
If you make the arrest process difficult for officers, you may be charged with resisting arrest. Under these circumstances, you will need to speak with your attorney about any defenses to this charge that may be available to you.
Source: Findlaw Blotter, âWhat Is Resisting Arrest? Are There Any Defenses?â Mark Wilson, Jan. 29, 2015