The attitudes and policies of the current administration have brought out a lot of strong feelings in many communities around the country. Protesters have taken to the streets, carrying signs and attending public rallies. Sometimes law enforcement attempts to disperse a crowd, and innocent participants are faced with the charges of resisting arrest NJ officers bring.
If you don't do exactly what an officer tells you to do in a tense situation, you can be seen as a resistor. When that happens, you may very well be arrested and taken to jail even though you haven't really done anything wrong. You should know that the prosecution has to prove you were committing a crime. They have to prove you knew the individual you were in conflict with was a police officer, establish that the police officer acted legally, and prove that you were acting intentionally.
The most common ways protesters resist officers is by struggling or fighting when law enforcement attempts to detain them. You might lay down, sit down, or go limp when an officer tries to remove you from an area. You could also be arrested for giving a fake name or bogus information when an officer asks you to verify who you are and whether or not you have the right to be in a certain space.
There can be serious repercussions for anyone resisting arrest. A misdemeanor charge comes with a penalty of a year in jail and a fine as high as 4,000 dollars, depending on the state you live in. You may have to see a probation officer for five years and cannot be charged with the same offense while on probation.
A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.
On the up side, it is hard to prove a charge of intentional resistance. You may present the argument the the officer used excessive force and you were forced to defend yourself against him. You might also make the argument that the officer had no right to arrest you since he had no authorization to do so.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
There is an argument that there was no threat, or the potential for harm, on your part. If you attempted to run away, or were yelling at the officer, without actually causing harm, you probably have a case. In any event you will need the services of an experienced lawyer to represent you.
If you don't do exactly what an officer tells you to do in a tense situation, you can be seen as a resistor. When that happens, you may very well be arrested and taken to jail even though you haven't really done anything wrong. You should know that the prosecution has to prove you were committing a crime. They have to prove you knew the individual you were in conflict with was a police officer, establish that the police officer acted legally, and prove that you were acting intentionally.
The most common ways protesters resist officers is by struggling or fighting when law enforcement attempts to detain them. You might lay down, sit down, or go limp when an officer tries to remove you from an area. You could also be arrested for giving a fake name or bogus information when an officer asks you to verify who you are and whether or not you have the right to be in a certain space.
There can be serious repercussions for anyone resisting arrest. A misdemeanor charge comes with a penalty of a year in jail and a fine as high as 4,000 dollars, depending on the state you live in. You may have to see a probation officer for five years and cannot be charged with the same offense while on probation.
A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.
On the up side, it is hard to prove a charge of intentional resistance. You may present the argument the the officer used excessive force and you were forced to defend yourself against him. You might also make the argument that the officer had no right to arrest you since he had no authorization to do so.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
There is an argument that there was no threat, or the potential for harm, on your part. If you attempted to run away, or were yelling at the officer, without actually causing harm, you probably have a case. In any event you will need the services of an experienced lawyer to represent you.
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