Actively fighting with a police officer while he or she is trying to detain you can leave you facing a charge of resisting arrest on top of whatever other charges may be pending due to your situation. You don't necessarily have to engage in a physical battle with an officer to receive a resisting arrest charge, however. There are a number of ways in which you can be more passive but still obtain this charge. Here are three behaviors that you should avoid if you're concerned about being charged with resisting arrest.
1. Failing To Give Up Your Hands
When you're going to be arrested, or even temporarily detained without an arrest, the police officer will commonly put you in handcuffs. To do so, he or she will ask you to perform a certain movement with your hands — commonly, place them together at your lower back with your palms facing one another. If you don't heed the officer's request, you could receive a resisting arrest charge. For example, perhaps you try to avoid putting your hands behind your back, or maybe you're holding onto something and don't let go.
2. Staying In Your Vehicle
If a police officer believes that you've committed a serious driving infraction that could lead to an arrest, such as driving under the influence of alcohol or drugs, he or she will commonly have you step out of your vehicle and perform some field sobriety tests. You may feel that you're not intoxicated and attempt to make this argument. However, once the officer gives you a lawful order to step out of the car, you must do so. Staying in your vehicle could leave you facing a resisting arrest charge, as well as an unpleasant situation — namely, the officer may attempt to physically pull you out of the vehicle and take you to the ground.
3. Not Obeying Orders
When a police officer gives you an order, you must obey it. Even if you feel that you're innocent or don't believe the officer has the right to detain you, you're better off being compliant and then perhaps taking legal action against the police later on. Not obeying an order is another way that you could get a resisting arrest charge. For example, even if you're simply attempting to walk away when a police officer tells you to stop and approach him or her, this is an example of passively resisting an arrest. Regardless of the nature of how you resisted an arrest, an experienced attorney can try to get the charge dropped for you.
For more information, contact a company like Goble & Yow PLLC.Share