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Orange County Resisting Arrest Attorney

When we see a police car behind another vehicle on the freeway or side-street, we tend to immediately think "I wonder what they did wrong." After all, it is human nature to think that the existence of police on the scene means that a crime was actually committed. Unfortunately, people also call the police for the wrong reasons. Once they arrive with good intentions, the event can escalate and become even more heated.

It's these scenarios that bring about unnecessary arrests—and from this—unnecessary charges of resisting arrest.

Defense of Resisting Arrest

To resist an officer that is doing his or her duties implies that those duties were valid in the first place. Therefore, challenging this charge begs the question of why there was police contact and what nature it originated from. After all, not everyone who stands in front of an officer is required to comply with any request that is made to them.

According to the law, if someone has done nothing wrong, and there is certainly no evidence to suggest they were committing any crime, an officer's request (even the arrest itself) can be seen as unreasonable and not within his or her lawful duties.

Therefore, in situations where someone is arrested for nothing else but resisting arrest, a good defense lawyer will investigate why there was an arrest in the first place. If no probable cause existed, then it might very well be that the person that was being arrested had no obligation to comply with the demands of law enforcement.

Law of Resisting Arrest

In order for a person to be considered as trying to resist arrest, there are several things he or she must have done. First of all, the person must have willfully resisted, delayed, or obstructed an officer who was doing his or her duties. Willful resistance can be a slight movement of an arm or turning of the back to delay the officer from the work they are trying to perform (namely, arresting someone).

The person must also have known or reasonably should have known that the officer was engaged in his or her duties (Penal Code § 148). Both of the aforementioned must occur for a person to be considered as trying to resist arrest. If someone was not aware that it was a police officer trying to arrest him or that he was delaying an undercover officer, it would not be considered resisting arrest because he would not have known that he was resisting an officer.

If you or someone you know has been charged with Resisting Arrest, please do not hesitate to contact our office for a detailed consultation on your rights and your options.

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