Facing a resisting arrest charge can be incredibly stressful. It's a serious offense with potentially significant consequences, including fines, jail time, and a criminal record. While there's no guaranteed way to have the charge dropped, understanding your options and building a strong defense are crucial. This guide explores strategies to increase your chances of a favorable outcome.
Understanding Resisting Arrest Charges
Before diving into strategies, it's vital to understand what constitutes resisting arrest. Generally, it means actively preventing a law enforcement officer from making a lawful arrest. This can involve physical resistance, verbal threats, or flight. The specific elements of the crime vary by jurisdiction, so consulting with a local attorney is crucial. The prosecution needs to prove beyond a reasonable doubt that:
- A lawful arrest was being attempted: This means the officer had probable cause to believe a crime had been committed and that you were the perpetrator. If the initial arrest was unlawful, the resisting arrest charge may be dropped or dismissed.
- You actively resisted: Passive resistance, such as refusing to comply with an order, might not always qualify. Active resistance involves actions designed to thwart the arrest.
- You knew the person attempting the arrest was a law enforcement officer: This element is usually easily proven, but exceptions could exist.
How to Increase Your Chances of Getting the Charge Dropped
Several avenues might lead to the dismissal or dropping of a resisting arrest charge. However, the success of each depends significantly on the specifics of your case and the evidence available.
1. Building a Strong Defense with an Attorney
This is arguably the most critical step. A skilled criminal defense attorney will investigate the circumstances surrounding your arrest, review police reports and bodycam footage, and interview witnesses. They can identify weaknesses in the prosecution's case and build a robust defense. Possible defense strategies include:
- Challenging the lawfulness of the arrest: If the initial arrest was unlawful (lack of probable cause, improper procedure), the resisting arrest charge is likely to be dismissed.
- Arguing lack of active resistance: If your actions constituted passive resistance rather than active resistance, your attorney can argue for a reduced charge or dismissal.
- Presenting evidence of excessive force: If the police used excessive force during the arrest, this could undermine their credibility and weaken the case against you.
- Negotiating a plea bargain: Your attorney might negotiate a plea bargain for a lesser charge, avoiding a trial and potentially a criminal record.
2. Gathering Evidence
Even before contacting an attorney, gather any evidence you can that supports your defense. This might include:
- Witness statements: If anyone witnessed the arrest, obtain their contact information and statements.
- Video or photographic evidence: If you have any video or photos from the incident, preserve them carefully.
- Medical records: If you sustained injuries during the arrest, obtain medical records documenting those injuries.
3. Negotiating with the Prosecutor
In some cases, a skilled attorney can negotiate with the prosecutor to have the charges dropped or reduced. This often involves presenting a compelling defense and demonstrating the weaknesses in the prosecution's case. Factors influencing the prosecutor's decision include the strength of evidence, the seriousness of the underlying offense (if any), and your prior criminal record.
4. Filing a Motion to Dismiss
Your attorney may file a motion to dismiss the charges. This requires demonstrating that the prosecution lacks sufficient evidence to proceed with the case, or that there are legal grounds for dismissal (e.g., violation of your constitutional rights).
What if the Police Lied?
This is a serious allegation, but proving it is challenging. Your attorney would need to present compelling evidence showing the police intentionally misrepresented facts in their report. This could include contradictory witness testimony, inconsistencies in the police report, or evidence that contradicts the police account (e.g., video footage).
Can I Represent Myself?
While you have the right to self-representation, it's strongly discouraged for resisting arrest charges. The legal complexities involved make it difficult for someone without legal training to effectively defend themselves. An experienced attorney will have a much greater chance of achieving a favorable outcome.
The Importance of Seeking Legal Counsel Immediately
The sooner you contact a criminal defense attorney, the better your chances of a positive resolution. They can guide you through the legal process, protect your rights, and build a strong defense to fight the resisting arrest charge. Remember, the information here is for educational purposes and does not constitute legal advice. Always seek professional legal counsel for your specific situation.
