The Problem of Resisting Arrest

No one ever gets charged just with "resisting arrest." It is always tacked onto another, more egregious charge. But the charge poses a thorny dilemma for the person arrested.

The fact is, it is not normal behavior to calmly allow yourself to be handcuffed and led into a squad car. Most people feel that a mistake is being made, and they need to be free while they explain what happened. Some people run or hide. Some people, in the adrenaline rush they are experiencing, push back, however lightly, against the hands that are trying to immobilize them.

By this time you have painted yourself into a corner

Almost any action on your part can be construed as resisting arrest, and it is your word against the arresting officer's.

It's too late to be telling you this, if this topic is relevant to you - because the damage is done. Instead of ne criminal charge, you now face two. And the charge of resisting arrest makes you sound like a difficult person, just the type to would commit a crime, right?

The good news is that judges are aware of the problem of resisting arrest charges, and juries can be made aware. Eastern Shore police, in our experience, are not as quick to file resisting arrest charges as police in the city. Even when arrests are made, however, they must be made legally. If it was not done properly, the charges will not hold up.

Possible defenses

Police must also be able to prove that you truly refused to submit to the arrest. Law enforcement officers sometimes claim that the person arrested was kicking or striking them. The reality, however, was that the person being arrested was reacting to rough treatment, trying to protect himself. People who are in sudden pain will often react on an involuntary, reflexive level.

It is also necessary that the person being arrested understand that the officer is indeed an officer.

We often hear about a police officer using excessive force such as a knee in the back or extremely tight handcuffs being the act that caused the defendant to respond.

One thing is for certain

You will not do well defending yourself against multiple charges, one of which is resisting arrest. Hire the best criminal defense lawyer you can find. We at MacDonald Law office, serving Salisbury and Ocean City, are always willing to hear your story.

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