A resisting arrest charge can significantly impact your life, leading to fines, jail time, and a criminal record. If you're facing such a charge, understanding your options and building a strong defense is crucial. This guide explores strategies to potentially have the charge dropped. Remember, this information is for educational purposes and should not substitute advice from a qualified legal professional. You should immediately consult with a criminal defense attorney in your jurisdiction.
What Constitutes Resisting Arrest?
Before exploring how to get the charge dropped, it's vital to understand what constitutes resisting arrest. This varies by jurisdiction, but generally involves actively interfering with a law enforcement officer's attempt to make a lawful arrest. This could include:
- Physical resistance: Pushing, shoving, kicking, or striking an officer.
- Passive resistance: Refusing to comply with commands, intentionally making the arrest difficult.
- Flight: Running away from an officer attempting an arrest.
- Verbal abuse/intimidation: Using threatening language or actions to deter an officer.
The key element is the active resistance to a lawful arrest. If the arrest was unlawful (for example, based on insufficient probable cause), this can be a strong defense.
Can a Resisting Arrest Charge Be Dropped?
Yes, a resisting arrest charge can be dropped under various circumstances. Prosecutors often dismiss cases for several reasons:
- Lack of evidence: Insufficient evidence to prove beyond a reasonable doubt that the accused resisted arrest. This could include a lack of witness testimony, unclear body camera footage, or inconsistencies in police reports.
- Insufficient probable cause for the initial arrest: If the initial arrest was unlawful, the resisting arrest charge often falls apart. The defense attorney can argue that the resistance was justified because the arrest was illegal.
- Police misconduct: Evidence of police brutality or misconduct during the arrest can lead to the charges being dropped or reduced.
- Plea bargain: The prosecution might offer a plea bargain to a lesser charge in exchange for dropping the resisting arrest charge. This is a common strategy to avoid a costly trial.
- Witness unreliability: If key witnesses are deemed unreliable or their testimony is inconsistent, the prosecution may decide not to proceed.
How to Increase Your Chances of Getting the Charge Dropped
Several strategies can improve the likelihood of getting a resisting arrest charge dropped:
- Gather evidence: Collect any evidence that supports your case, such as eyewitness accounts, video footage, or photos.
- Consult an experienced criminal defense attorney immediately: An attorney can investigate the case, analyze the evidence, and develop a strong defense strategy. They can negotiate with the prosecutor, explore plea bargains, and represent you in court.
- Be honest and cooperative with your attorney: Providing your attorney with complete and accurate information is crucial for building a robust defense.
- Don't speak to the police without an attorney present: Anything you say can be used against you in court.
H2: What are the penalties for resisting arrest?
Penalties for resisting arrest vary widely depending on the jurisdiction, the severity of the resistance, and the defendant's criminal history. Penalties can range from fines to jail time, and a criminal record. The consequences can be severe and significantly impact future opportunities, such as employment and travel.
H2: Can I get a resisting arrest charge expunged?
Expungement, or sealing of your criminal record, is possible in some jurisdictions after a certain period of time and meeting specific requirements. The process varies from state to state, and eligibility depends on several factors, including the specific charge, your criminal history, and state law. An attorney can advise you on the expungement process in your jurisdiction.
H2: What if the officer was wrong in arresting me?
If you believe the officer was wrong in arresting you, this forms a core part of your defense. Your attorney will investigate the legality of the initial arrest. If the arrest lacked probable cause, the resisting arrest charge is significantly weakened.
H2: How can I prove I was resisting a wrongful arrest?
Gathering evidence is key. This may include witness testimony from individuals who saw the event, dashcam or bodycam footage, and any documentation that shows the arrest was unlawful. Your attorney will work to collect and present this evidence to support your defense.
Remember, this information is for general educational purposes only and should not be considered legal advice. It is crucial to consult with a qualified criminal defense attorney in your jurisdiction to discuss your specific case and develop the best course of action. They can assess your situation, advise on your options, and represent your interests effectively throughout the legal process.
