The attitudes and policies of the current administration have brought out a lot of strong feelings in many communities around the country. Protesters have taken to the streets, carrying signs and attending public rallies. Sometimes law enforcement attempts to disperse a crowd, and innocent participants are faced with the charges of resisting arrest NJ officers bring.
When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If you are convicted of a felony charge, it is much more serious. In this instance, you may go to jail for three years. If you live in Louisiana, it could be as long as ten years. You will have to pay a fine that could cost you ten thousand dollars. You would have to meet with a parole officer every week or month to report in.
It is in your favor that it's hard to prove someone was intentionally resisting arrest. You can argue that excessive force was used and that you were protecting yourself and acting in self-defense. You can also say that the officer in question had no right to arrest you because he was not authorized.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
You can make the argument that you did not pose a threat or threaten harm when approached. If you tried to run away or yelled at an officer, without causing any harm, you may have a case. Whatever the charge, you are going to need an experienced lawyer to get you out of trouble.
When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If you are convicted of a felony charge, it is much more serious. In this instance, you may go to jail for three years. If you live in Louisiana, it could be as long as ten years. You will have to pay a fine that could cost you ten thousand dollars. You would have to meet with a parole officer every week or month to report in.
It is in your favor that it's hard to prove someone was intentionally resisting arrest. You can argue that excessive force was used and that you were protecting yourself and acting in self-defense. You can also say that the officer in question had no right to arrest you because he was not authorized.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
You can make the argument that you did not pose a threat or threaten harm when approached. If you tried to run away or yelled at an officer, without causing any harm, you may have a case. Whatever the charge, you are going to need an experienced lawyer to get you out of trouble.
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