If you are given a lawful command by a law enforcement officer and you don't do it, there is a great chance that you may stay in the jail for a day for misdemeanor arrest. This is a case of Resisting an Officer Without Violence.
If, on the other hand, you resisted the arrest with a weapon, it will become a felony, which is resisting with violence. When a resistant an office charge is brought against you, it could either be a felony "with" violence or a misdemeanor "without" violence. Whatever it may be, it is advisable to contact a resisting an officer lawyer in Shreveport.
This is a misdemeanor charge, as there was no violence in play. You didn't throw punches or tried to attack the officer when you were about to be arrested. What you did was not obey the lawful order of the officer. It could also include lying to the officer, to an extent.
In some cases, it is legal to lie to the police, but in other cases, it is not. If you tell a lie to take police about your name, and they bring up a resisting charge because of that, there is a great chance that it will be thrown out of court. This is if you have a resisting an officer lawyer in Shreveport like Carl Barkemeyer to represent you.
For the prosecution team to prove beyond a reasonable doubt that the accused carried out resisting arrest offense against the officer, they should prove the following:
The accused or defendant obstructed the arrest.
The officer was carrying out his legal duty at that time.
The officer was indeed an officer at that time, and he made it known to the accused.
You can decide not to answer police questions, and it won't be seen as resisting. You have the rights to keep mute and ask for an attorney present. This is your right and can't be convicted for keeping mute. You also have the right to ignore an unlawful order of an officer.
If you are walking on the street and an officer tells you to leave because of nothing or a discriminatory reason, you have the right to ignore the orders, and it won't be termed as resisting.
If your loved one was arrested for a crime, you can decide to keep mute when asked questions by the police. You can decide to seek the counsel of your attorney before you talk. It is your right.
If you are a kid and you deny the police the right to pat you down in Florida, there is a great chance that it may be seen as resistant arrest.
Do you know that as an American living in Shreveport, you have the right to walk away from the police if they are carrying out an illegal search? You can tell them the reason you are walking away.
If you are arrested for resisting arrest, you can call your resistant an officer lawyer in Shreveport to represent you.
Do not behave in a bad manner to the officers. Do not yell at them. Do not threaten them. Do not say anything that will come off as disrespectful. Keep quiet and remain calm.
Immediately you are arrested, you have the right to have an attorney present during interrogation. Under no condition should you interact or say anything to the officers when your attorney isn't present. It may end in tears. Officers are trained in the art of manipulation. When you mention anything, they twist your words and use them against you.
Ensure that your attorney is always there when any discussion is made. Under no condition should you agree to talk to officers without your lawyer being present. It is paramount that your attorney is around when any lineup or testing procedure is being done. If they want to take your blood, ask that your attorney be present.
Ask that your lawyer handle the prosecutors and police. If they want to give you a type of deal, let your lawyer negotiate the terms. Do not do that yourself.
Ask that your lawyer looks for witnesses. If you know any witness that can corroborate your story, tell your lawyer immediately. Do not hide material facts of the case from him or her, no matter how gory it is. It saves you from getting a deep pile of mess. Remember that there are lawyer and client privacy laws that prevent the former from testifying against the latter, even when there is a falling out. Whatever you tell your attorney stays between both of you.
When you have been arrested, you should not answer any questions that you may be asked by the Police officer. The Miranda rights allow you to keep mute and ignore whatever the officer says. It is important to note that whatever you utter can be used against you when the case gets into court. They will try different means to get you talking and spilling the beans on yourself, ignore those attempts. They may say how they are interested in getting you off the hook. This should be taken with a pinch of salt. Many officers are interested in advancing their careers, and not getting you off the hook. They are more interested in climbing up the ladder by sealing more cases than helping prove your innocence. Ignore their words and ask to see your attorney.
It is important that you let your loved ones that they are not under obligation to cooperate with the Police. They have the right to a lawyer being present when they are interrogated about your crimes.