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Chủ Nhật, 9 tháng 12, 2018

Defending Yourself Against A Charge Of Resisting Arrest NJ Law Enforcement Brings

By Thomas Cooper


There are a lot of people who have strong feelings about some of the policies and attitudes taken by the current administration. This can cause them to make signs, attend rallies, and take to the streets. Sometimes when law enforcement tries to break up a demonstration innocent protesters are accused of resisting arrest NJ officers threaten them with.

When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.

Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.

Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.

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.

If there is an upside to a charge of intentional resistance, it is that the charge is hard to prove. Your lawyer might defend on the premise that the officer used excessive force and you were forced to protect yourself in self-defense. The lawyer may also argue that the officer was not authorized to arrest you.

You can argue that the report is not factual. You have to be careful if this is your defense because it probably won't help your case to openly accuse the officer of lying. Instead you should argue that the report doesn't reflect the incident as you experienced it.

You can make the argument that you did not pose a threat or threaten harm when approached. If you tried to run away or yelled at an officer, without causing any harm, you may have a case. Whatever the charge, you are going to need an experienced lawyer to get you out of trouble.




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