Clearwater Law Firms Describe How to Fight Charges of Resisting Arrest

Fighting Charges of Resisting Arrest? Clearwater Law Firms Break It Down

Getting arrested is scary enough, but getting charged with resisting arrest can make the situation way worse. Even if you feel the charges are bogus, the cops have a lot of power, so fighting back usually causes more trouble. But if the charges really are unfair, you don’t have to just accept them. Clearwater law firms know how to approach these cases and give their clients the best chance of beating the charges.

What Does “Resisting Arrest” Mean?

Basically, resisting arrest means physically struggling against an officer who is trying to detain or arrest you. This includes things like:

• Pulling away when the cop tries to handcuff you
• Pushing or hitting officers
• Refusing to put your hands behind your back
• Stiffening your arms or legs to make it harder to get cuffed
• Running away

You can even be charged with resisting if you just verbally argue with the cops or refuse to cooperate. Like, if they say “put your hands behind your back” and you say “no, I didn’t do anything wrong,” that could count.

Why Do People Get Charged with Resisting Arrest?

There’s a few common scenarios where resisting arrest charges happen:

• The person doesn’t realize they’re being arrested. Maybe the cops didn’t identify themselves or explain that you’re being detained. So when they grab you, you instinctively pull away.
• The arrest itself was unlawful. If the cops don’t have a valid reason to arrest you in the first place, you might resist because you feel it’s unfair.
• The person panics or freaks out. Getting arrested is scary. Even innocent people can panic and struggle without meaning to resist.
• The police use excessive force. If the officers get too rough, you might push them away or squirm in pain. That gets interpreted as resisting.
• The person is under the influence of drugs or alcohol. Being drunk or high makes you less likely to follow instructions.
• The cops misinterpret the situation. To them, any disobedience looks like resistance, even if you aren’t intending to resist.
• The person has a medical issue. Some conditions like seizures, diabetes, or stroke can make people act confused and uncooperative.
• There was a miscommunication. For example, the person doesn’t speak English, or has a hearing impairment. So they can’t understand the officers’ orders.
• The person is just a jerk. Some people do deliberately resist arrest to be difficult or provocative.
• They misunderstand the situation. Cops think they’re being resisted when really the person is just scared or confused.
• Lack of training. Police may not have enough training on proper procedures, so they see any disobedience as resisting.
• Quotas and stats. Some police departments encourage excessive resisting arrest charges to boost their stats.
• To cover their own misconduct. If officers use unlawful force, they’ll claim the person resisted to justify it.

The end result is a lot of questionable resisting arrest cases where the charges seem retaliatory or overblown. But even if the charges are unfair, it can be hard to beat them.

Why Is It So Hard to Fight Resisting Arrest Charges?

One big reason it’s hard to fight resisting charges is because the cops have all the power in the situation. If it’s your word against the officers’, they are usually seen as more credible. Prosecutors and judges tend to believe police accounts.

Another problem is that these cases often come down to very fine details about the sequence of events. Whether you pulled your arm away before or after getting grabbed can make all the difference. But it’s hard to prove the timing if it’s just your word against the cops. Any inconsistencies in your story will be used against you.

There’s also the issue of people misunderstanding what constitutes resisting arrest. You have the right to question why you’re being arrested. But many people think that alone gives the cops cause to charge resisting.

Finally, a lot of times there are no great options even if you are innocent. You can plead not guilty, but that means risking trial and a possible conviction. The DA will often offer a plea deal that’s tempting to take rather than gamble on trial, even if you were wrongly accused.

With all that said, Clearwater law firms have a lot of experience fighting these charges. There are ways to build a strong defense.

How Lawyers Defend Clients Against Resisting Charges

The first thing a good lawyer will do is thoroughly investigate the arrest. They’ll look for evidence like:

• Squad car or body cam video footage
• Audio recordings
• Police reports & records
• Witness statements
• Photos of injuries sustained

The evidence can reveal inconsistencies or contradict the officers’ version of events. Like if the police report says you swung at the cops, but the video shows you didn’t, that creates reasonable doubt.

Your lawyer will also closely analyze the arrest procedures. If the cops didn’t properly identify themselves or read you your rights, that helps show they acted inappropriately.

Additionally, your lawyer can argue that the level of resistance was justified if the arrest itself was unlawful. Or they may claim you didn’t resist at all – your reactions were involuntary due to circumstances like injuries, disabilities, or intoxication.

In some cases, defense lawyers can even bring in police procedure experts to analyze the arresting officers’ conduct. Their testimony can be used to question the appropriateness of the cops’ actions.

Your lawyer may also try negotiating with the prosecutor to get the charges reduced or dropped, based on the evidence issues and extenuating circumstances. Prosecutors know that weak resisting arrest cases are hard to prove at trial.

Finally, if necessary, your lawyer can take the case to trial and argue to a jury that the charges are false or exaggerated. Skilled criminal defense attorneys know how to effectively cross-examine the arresting officers to discredit their accounts.

But the best way to avoid unfounded resisting arrest charges is to stay calm and compliant during the arrest. Pointing out the injustice won’t help in the moment. Save those arguments for your lawyer, who can advocate for you in court.

Clearwater Defense Lawyers Are Your Best Ally Against Resisting Charges

Being accused of resisting arrest can be scary and frustrating. But with an experienced criminal defense lawyer on your side, you can fight the charges and protect your rights. Clearwater attorneys regularly beat these types of cases by thoroughly investigating the arrest, finding flaws in the prosecution’s case, and aggressively defending their clients in court.

Every resisting arrest case has unique circumstances, but an adept lawyer knows how to leverage those details to undermine the prosecution. So don’t just accept unfair charges – make the cops prove their case. Contact a qualified local defense attorney to analyze your options and start contesting those allegations. With strong legal guidance, you have a very real chance of defeating bogus resisting arrest charges.