Getting Arrested is Scary. Here’s What to Do Next.

Getting arrested can be a terrifying, overwhelming experience. Even if you feel the charges against you are bogus, the police have all the power in that moment. It’s easy to feel helpless.

But you’re not helpless. You have rights. And the smartest thing you can do is exercise your right to remain silent until you have a lawyer present.

I know—easier said than done. Your mind is reeling, you’re angry, confused, scared. You want to plead your case. But don’t. Anything you say can be used against you, so keep your mouth shut and ask for a lawyer.

That’s where we come in.

I’m Tyler, an attorney here at Smith & Jones, LLP. My partners and I have years of experience representing clients accused of resisting arrest and other criminal charges in Belmar and the surrounding Monmouth County area.

If you or someone you love has been arrested for resisting in Belmar, read on. I’ll walk you through what to expect, your rights, potential defenses, and how we can help.

The Charge: Resisting Arrest in New Jersey

Let’s start with the charge itself—resisting arrest. This covers a wide range of actions, like:

• Physically struggling when an officer tries to handcuff you
• Pulling away or running when they go to take you into custody
• Refusing to put your hands behind your back
• Stiffening your arms to avoid being handcuffed
• Yelling at officers
• Threatening officers

Basically, anything that makes it difficult for cops to arrest you.

Resisting arrest seems like a natural reaction when you feel wrongfully accused. But in the eyes of the law, you’re required to comply with a lawful arrest, whether you think it’s justified or not.

The penalties for resisting arrest depend on the circumstances, but can include:

• Up to 18 months in jail
• Fines up to $10,000
• Mandatory driver’s license suspension of up to two years
• Permanent criminal record

So even a simple resisting arrest charge can turn your life upside down.

A skilled lawyer can often get charges reduced or even dismissed—but only if you keep your mouth shut and refrain from making matters worse.

Your Rights During Arrest

The police have tremendous power during an arrest, but you still have important rights:

• You have the right to know why you are being arrested. But be aware that police are allowed to lie about why you’re being arrested in order to get you into custody.
• You have the right to remain silent. Anything you say will be used against you, so say nothing until your lawyer arrives.
• You have the right to refuse searches. But police are allowed to pat you down for weapons.
• You have the right to speak to an attorney before answering any questions. Tell officers you won’t answer questions until you have a lawyer.
• You have the right to make phone calls. Call a lawyer, friend or family member as soon as possible.
• You have the right to reasonable bail. A judge will determine bail at your first court appearance.

Don’t argue with officers or physically resist, even if you believe the arrest is unlawful. Just firmly invoke your right to remain silent and right to counsel. We can sort the rest out later.

Gathering Evidence to Fight the Charges

The key to beating a resisting arrest charge is two-fold:

1. Showing you did not actually resist arrest.
2. Showing the arrest itself was unlawful.

Here are some examples of evidence we gather in these cases:

• Witness statements – If anyone saw the incident, have them write down exactly what they observed while it’s still fresh. Witnesses can make or break your case.
• Police reports – We obtain all police reports associated with your arrest to look for inconsistencies or false statements by officers.
• Officer disciplinary records – If an officer has a history of excessive force complaints, it undermines his credibility.
• Audio/video recordings – If any audio or video captured the incident, it can prove whether you resisted or not. Surveillance cameras, cell phones and police body cams are great resources.
• Photographs – Pictures of any injuries you sustained during the arrest are crucial. The jury needs to see what was done to you.
• Medical records – Hospital and EMT records also document injuries sustained during your arrest.
• Social media posts – We dig into arresting officers’ social media accounts looking for racist comments, violent speech or other red flags.

When police lack proper cause to arrest you in the first place, that alone is grounds for dismissal.

Potential Defenses in Resisting Arrest Cases

There are numerous defenses we can use to achieve dismissal or acquittal in resisting arrest cases:

• You didn’t actually resist – If you merely questioned why you were being arrested but complied with officers, then you didn’t break the law.
• Unlawful arrest – If police lacked probable cause to arrest you, then you had a right to resist an unlawful arrest.
• Self defense – If officers used excessive force and you only resisted to protect yourself from harm, your actions were legally justified.
• Mistaken identity – If police thought you were someone else with an outstanding warrant, that’s not a lawful arrest.
• Mental illness – If a psychiatric disorder prevented you from understanding officers’ commands or controlling your actions, you may have an affirmative defense.
• False accusations – There are cases where vindictive officers fabricate charges when no resisting actually occurred.
• Coerced confession – Many people get scared and say whatever police want to hear. But coerced statements can be thrown out.

An experienced resisting arrest attorney knows how to spot issues with the arrest and exploit them to get charges dropped.

Why You Need an Aggressive Lawyer on Your Side

Resisting arrest cases come down to the officer’s word against yours. Without strong legal advocacy, it’s your word against the police…and the police always win.

Having an aggressive lawyer in your corner levels the playing field. We know which defenses work, where to find flaws in the arrest, and how to fight back against false charges.

An adept trial lawyer can destroy an officer’s claims that you resisted arrest by highlighting:

• Contradictions in his story
• Past misconduct and excessive force complaints
• Lack of corroborating evidence

We’ll put the cop on trial, using hard questions and relentless cross-examination to poke holes in his account. When his credibility crumbles, the case falls apart.

Equally important, we’ll advise you when pleading guilty makes more sense than going to trial. The prosecutor may offer a favorable plea deal that’s hard to pass up.

Every case is different. But with an experienced Belmar criminal defense lawyer guiding you, you can make smart decisions at every turn.

What a Resisting Arrest Lawyer Can Do For You

If you’re facing resisting arrest charges in Belmar, here are some of the ways we can help:

• Review police reports for rights violations or false statements – We scrutinize the allegations and highlight inconsistencies to attack the officer’s claims.
• Investigate the scene and interview witnesses – Firsthand observations and witness statements provide independent proof of what occurred.
• Negotiate with the prosecutor for dismissal or reduced charges – We leverage weaknesses in their case to get charges dropped or minimized.
• File motions to suppress evidence due to illegal actions by police – If your rights were violated we can get evidence thrown out.
• Present expert testimony on your mental state – Psychologists can explain how mental illness impairs judgment and volitional control.
• Thoroughly prepare your testimony – We’ll practice with you extensively so you’re ready for cross-examination at trial.
• Argue to the jury that the officer used excessive force – With persuasive advocacy, we can convince a jury that your resistance was justified.
• Appeal the verdict if you are convicted – We leave no stone unturned, exploring every avenue to overturn a guilty verdict.

The consequences of a resisting arrest conviction will follow you forever. Don’t leave your fate in the hands of an overworked public defender. Hire an experienced Belmar criminal defense lawyer who will fight relentlessly to protect your freedom.