Flight from an officer or resisting arrest is a crime in Lafayette, Louisiana, and you could be tried for it.
When someone resists arrest, he interferes with the attempt made by a police officer or other law enforcement officers to arrest him or her. In some cases, it is a misdemeanor, and in other cases, it is a felony. Whether it falls into a felony or misdemeanor depends on how severe the resist was.
If it involved a gun battle, there is a great chance that it will fall under a felony. If you act violently to the person trying to arrest you, it falls under a felony.
It becomes a misdemeanor if what you did was to run and hide from the officer.
Before you can be convicted, the prosecutor has to offer evidence to show that you resisted arrest. He has to prove his claims and convince the jury that the accused committed the crime.
It must be proved that the accused fittingly tried to resist arrest from a law enforcement officer.
What this goes to show is that the accused didn't want to be arrested, and carried out actions to stop the arrest.
It should be shown before it can be said to be a felony, that the accused behaved in a violent manner to the police officer. It could be in the form of threats too.
It should be proved by the prosecutor that the officer was acting lawfully when this occurred. It should be proved that the officer was not trying to harass the defendant when this occurred. It should be proved that the law enforcement officer was carrying out his legal functions when this occurred.
It is important to know that even when the officer is arresting the wrong person- in the form of the defendant- this charge against the defendant could stick.
When the person is physically violent to the arresting officer, it is enough to level of resistance. If the person merely refused to talk, it isn't a case of resistance.
Saying non-threatening words while disagreeing with an officer can't be said to be enough. Saying threatening words in a loud manner can be said to be enough.
There are a number of defenses that we can put up for our clients.
Though arresting officers may be allowed to make use of an amount of force, they are not allowed to be violent. Let us say that you willing followed the arresting officer, and he kicks you around even without you resisting initially, you could be acquitted for resisting arrest if you defend yourself from the officer.
If an officer threatens to shoot you, or attempts to shoot, defending yourself from such is an act of self-defense. We analyze the case when the resisting arrest case is brought against you in Lafayette to see if we can state that you did it as a result of self-defense. As a flight from an officer lawyer in Lafayette, we understand this.
If you are arrested without probable cause or a warrant, it is an unlawful arrest. Resisting it or running from an officer when such is about to be is a great defense. If we analyze the case and notice that the arrest may have been done because of the race of the defendant, we can create a formidable defense with that.
These and more are defense mechanisms that we craft out for our clients.
Immediately people are arrested, they feel that the first thing that they should do is to plead their case with the arresting officers, trying to let them know why they are innocent. The truth may be that you are innocent, but do you know that you could worsen your situation by talking, instead of keeping mute?
This is why you are told of your rights to keep mute when you are arrested. Take that right and not blurt out more incriminating things that could seal the deal for the prosecutor.
Immediately you are arrested, what should you do? Contact us immediately. We will come to your rescue, and advise you on what to do based on the law and the circumstances surrounding your flight from an officer arrest in Lafayette.
1. As Your Flight from an Officer in Lafayette, We Help Prevent You from Digging A Bigger Hole for Yourself
Instead of blurting out more things that could make it easier for the arresting officers to get you behind bars, we stop you from doing that. We talk to the authorities on your behalf and try to find out what they have against you. We see if any deal could be struck that could get you out of the mess.
2. As Your Flight from an Officer in Lafayette, We Build Up A Case for You
After that, we build up a case for you. We analyze the circumstances surrounding your case. Were you racially profiled? Do they have evidence against you or is it merely a case of hearsay? Are they fishing or have proof that could nail you? We try to find out these, and from what we gather, we build a case for you.
3. As Your Flight from an Officer in Lafayette, We Look at The Loopholes
Years of experience have taught one that there may be some loopholes in the case which could be used in your favor. We analyze if the search was carried with a warrant if there was the possible cause and so on.
How were you treated during the arrest? Were you read your rights or not? Is the evidence they have against you real or a figment of their imagination?
We put intense effort and time into helping our clients. Contact us today, let us work on your case.
Lafayette Parish District Court
Lafayette Parish Clerk of Court
H. Taylor - Baton Rouge, Louisiana