threatening an officer providing false identification, such as by handing over a fake ID or verbally giving a false name running away hiding fighting or struggling with the officer helping another person avoid arrest
Of course, if the officer attacked you, then they might not have included the names of any witnesses. If you were arrested in the presence of friends or family, you should ask them what they saw.
You should act fast. Often, you will need to file a motion with the court to preserve the evidence. Digital recording devices sometimes are recorded on a loop, meaning that every 30 or 60 days the recording is erased. [3] X Research source If you need help filing a motion to preserve this evidence, you should meet with an attorney.
If you saw the officer pull up in a police cruiser or if they were wearing a uniform, then you probably can’t claim you didn’t know you were dealing with the police. [5] X Research source However, you have a much stronger argument if the officer is someone in plain clothes who walks up to you on the sidewalk.
The force you use to resist arrest should not be more than the force the officer used. For example, if the officer starting punching you, you could punch back in return. However, if the officer only punched you, you can’t pull out a gun and shoot the officer. This will be a tough defense to prove. However, it helps if you have witnesses who saw you acting peacefully up until the point the police officer started physically attacking you.
The officer searches your home without a valid search warrant. The officer stops you without reasonable suspicion. An officer arrests you without an arrest warrant or probable cause. The officer arrests you for something that isn’t a crime. [9] X Research source
Some conduct doesn’t rise to the level of resisting arrest. For example, you might only have sworn at the police officer. Without more, being sarcastic or rude is not resisting arrest. [10] X Research source However, if you make verbal threats in an extended, loud argument, then you may be resisting arrest. [11] X Research source
Depending on the circumstances, resisting arrest can be charged as either a misdemeanor or a felony. [12] X Research source You should receive a citation or a criminal complaint. Read it to find out what the prosecutor has charged you with.
You can get a referral to a criminal defense attorney by visiting your state or local bar association. If you potentially face jail time, then you should qualify for a public defender if your income is low enough. [13] X Research source If this applies to you, mention to the judge that you want a public defender during your initial hearing. You will have to fill out an application packet.
Jail time. You could serve time in the county jail or in a state prison. Fines. The amount will differ by state but typically is over $1,000. Probation. You can avoid prison or jail if the judge gives you probation. On probation, you meet regularly with a probation officer and satisfy certain conditions, such as not committing any more crimes. Community service. Usually imposed with probation, community service is volunteer work for different charities or organizations. You must work a certain number of hours.
Not guilty. If you plead non guilty, the prosecutor will have to prove beyond a reasonable doubt that you resisted arrest. Guilty. If you take a guilty plea, then the case will move onward to sentencing. The prosecutor can recommend a sentence but generally it is up to the judge to decide what sentence to give you. Nolo contendere (“no contest”). You can submit this plea in some states. Essentially, you submit to the court’s punishment as if you had pleaded guilty, however, you don’t actually admit your guilt.
Depending on your situation, you may be able to pay bail at the police station. In some states, there is a set amount you must pay in bail money in order to secure release. However, you might have to ask the judge for bail at your initial appearance or arraignment. The judge will then analyze whether you are a flight risk and set a bail amount. See Post Bail for detailed information about the bail process.
Talk with your lawyer about the pros and cons of taking a plea. For example, if you can avoid a felony, then you won’t lose your voting rights or your ability to own a gun. However, if you have a very strong defense, then you might not want to take a plea.
Your lawyer should be able to issue subpoenas. Otherwise, you can sometimes have the court clerk issue them. Also gather helpful documents or video ahead of time.
See Dress for a Court Hearing for more information.
Your lawyer will have a chance to cross-examine each prosecution witness. The purpose is to poke holes in the witness’s story and to undermine their credibility. For example, the officer might say you punched him when the dashboard camera shows you were not resisting arrest.
Always tell the truth. It is your best defense. Sit up straight and look at the person asking you questions. When you answer, turn to the jury and make eye contact. Speak slowly, loudly, and clearly. If you didn’t hear a question, then ask that it be repeated. Don’t fidget or look nervous. Always remain calm. Remember that you are accused of resisting arrest and possibly punching or attacking a police officer. If you lose your cool, the jury might assume you are guilty.
If you chose a bench trial (no jury), then the judge should deliver the verdict after all evidence has been submitted.
