When you have been arrested for resisting an officer and charged to court, what do you do? Do you start blabbing, trying to convince the officer to let you go? What do you do? The wise thing to do is contact a Resisting an officer lawyer in Alexandria: Carl Barkemeyer, the Criminal Defense Attorney to represent you.
People tend to take resisting an officer charge for granted. They feel that since it is a minute case that there is a great chance that it would be dropped, hence they do not get a lawyer. This may have come from the fact that we have seen this happen in a lot of movies. What happens in movies is different from the reality of the ground. Let's say that you were about to be arrested for another crime, and you decide to run. Running adds the guilty feeling to your case. It could be used against you in court when trying you for the main reason you were arrested. If it seems that there is no evidence to prove beyond a reasonable doubt that you are guilty of the main crime, they may fall back to charging you for resisting an officer. This is why you need a resisting an officer lawyer in Alexandria immediately you are arrested.
What if you were driving and was pulled over by an officer, but you refused to pull over. You continue to drive and the officers are trying to get you to stop. If arrested for such a crime, you could spend up to a year or more in prison for this crime. To sentence you, the court will consider if it is a repeat offense if other road users were put in harm's way during the chase.
What if you try to resist an officer by getting into a gun battle and running off. This is a type of resisting an officer charge that you don't want to be caught dead in. You could spend more than a year in prison if an experienced resisting an officer lawyer in Alexandria is not handling the case and trying to see if it can be settled amicably. It could increase from resisting an officer to a gun charge and even an attempted murder charge.
Explaining yourself to an officer does nothing good for you if you have been arrested for a crime. To prove yourself innocent, you may end up saying things that would worsen the case. You may end up agreeing with them that you resisted the arrest, which will get them the evidence that they need to slam dunk the case. No matter how high the urge for you to explain what happened to the officer is, keep mute and wait for your resisting an officer lawyer in Alexandria. It is only your lawyer that you are allowed to be truthful and forthcoming too. The lawyer analyses the facts of the case and looks for a defense for you.
Do Not Shout
Shouting will do you more harm than good. When you start insulting or talking down at the officers, the urge they have to send you to jail increases. Instead of focusing on the resisting an officer charge alone, they try to beat the bush to see what falls out. This goes a long way to worsen the case for you.
Do Not Resist More
Resisting more is like hitting more nails to the coffin that you are in. You end up worsening the situation, as it gives them the evidence to prove beyond a reasonable doubt that you resisted arrest because you are a repeat offender.
Get A Resisting an Officer Lawyer in Alexandria To Fight The Case.
Resisting an arrest is seen as a class A misdemeanor that has a penalty of a year in prison. In general, you can be charged for assisting an officer when you try to prevent a law enforcement officer from carrying out a legal arrest. The watchword here is a legal arrest. If you arrested illegally, you have a right to resist arrest. This brings us to the defense that can be used up in this case.
Defense For Resisting An Officer Charge
Let's say that you have been arrested for resisting an officer and you have called Carl Barkemeyer, a Criminal Defense Attorney that knows his onion to represent you, he will analyze the entire case and come up with defense like, though not limited to:
Before you can be arrested, there must be a warrant for the arrest or there was probable cause. If you are being charged for resisting an officer, Carl tries to see if it is a legal arrest. Was there a warrant out for the arrest? Was there probable cause? Let's say that there was evidence showing that you were drunk, you could be arrested after you have been pulled over. Let's say that there is no probable cause and no warrant, the case may fall through if you had resisted the arrest.
The fact that officers are given the power to give commands or make arrests doesn't mean that people do not have the right to ignore those commands if they seem illegal. Were you told to get off the sidewalk? Why were you told? Was there a probable cause? If there wasn't and you decided to use the sidewalk, you can't be arrested for resisting an officer. Whatever command given must be legal and have reasons.
You had no idea it was them
Let's say that some people stormed into your home, trying to arrest you. You have no idea that they are officers, hence, you have the right to protect yourself. They didn't make it known who they were. Resisting an officer may not come up in this case, as everyone has the right to defend themselves when faced with danger.
They didn't have their uniforms on
Let's say that you were about to be arrested, but those arrested you do not have a uniform on or their badge with them, resisting an officer charge may not stick. The same thing goes for if their car didn't have the right markings of a police vehicle or even siren. It could be that you feared for your life. Contact us today to represent you.