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Friday, December 14, 2018

Defending Yourself Against A Charge Of Resisting Arrest NJ Law Enforcement Brings

By Thomas Cooper


The current administration has created a lot of strong feelings when it comes to its attitudes and policies. There are protesters making signs, showing up at rallies and taking to the streets. When officials try to break up demonstrations, innocent protesters can get caught in the crosshairs and be accused of resisting arrest NJ law enforcement will try to prove.

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.

The most common ways protesters resist officers is by struggling or fighting when law enforcement attempts to detain them. You might lay down, sit down, or go limp when an officer tries to remove you from an area. You could also be arrested for giving a fake name or bogus information when an officer asks you to verify who you are and whether or not you have the right to be in a certain space.

Resisting arrest can have serious consequences. If you get convicted for some action considered a misdemeanor, you might spend twelve months in jail and be required to pay a fine of up to four thousand dollars. You may have to meet with a probation officer for five years. During the probation period, you can not be convicted of committing the same offense.

A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.

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.

You could argue that the police report did not accurately state the facts. Openly accusing a police officer of lying can backfire on you though. It is a better idea to present your case as one in which you state that the report distorts the facts as you remember them.

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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