الأربعاء، 19 ديسمبر 2018

Defending The Charges Of Resisting Arrest NJ Officers May Bring Against You

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.

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.

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.

Resisting arrest can have serious consequences. If you get convicted for some action considered a misdemeanor, you might spend twelve months in jail and be required to pay a fine of up to four thousand dollars. You may have to meet with a probation officer for five years. During the probation period, you can not be convicted of committing the same offense.

If the charge is considered a felony, and you are convicted, you will face as much as three years in jail. If you were arrested in Louisiana, you could go to jail for ten years. There is a fine of up to ten thousand dollars attached to this conviction. You will have to check in with your parole officer once a month or once a 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.

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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