QUESTION
Can my resisting arrest charge be dropped?
Asked on Jan 22nd, 2013 on Criminal Law - Michigan
More details to this question:
I was arrested for resisting arrest and disorderly conduct. I do not remember one thing. I was at a bar and all of a sudden I was in the hospital and the cops said I assaulted them. I don’t drink that often so it’s possible I had a bad reaction. I have a black eye. My ear looks like i had a knee on my head and I have bruises all over my head, which makes me assume they used excessive force. I am also on probation. How good of a chance do I have of getting the resisting arrest thrown out or dropped to a violation? It’s only an a misdemeanor.
8 ANSWERS
It depends how good your lawyer is.
Answered on Apr 10th, 2013 at 2:31 PM
John J. Carney
You should retain a good criminal lawyer as you now have a violation of probation and a misdemeanor. The prosecutor may offer a Disorderly Conduct if you have an otherwise clean record.
Answered on Feb 25th, 2013 at 2:00 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I would have to know more facts and what the police are alleging before I could advise you on your question. The police report will identify the allegations. If you would like to speak about this in more detail you can reach me at the telephone number listed below.
Answered on Jan 28th, 2013 at 9:30 AM
Michael J. Breczinski
There is no such a thing as only a misdemeanor. Yes there is a possibility if you get a good lawyer.
Answered on Jan 28th, 2013 at 9:28 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Since you do not remember what happened, you probably have no defense to the charges unless you can find witnesses who saw what happened and can come to your defense. Under these circumstances, I do not see your charges being dismissed or reduced.
Answered on Jan 28th, 2013 at 9:28 AM
It won't be dismissed, but if you hire an attorney to represent you, the attorney can probably negotiate a plea bargain with the prosecutor to get the charge reduced to "Littering" or some other lesser offense. Since you were on probation at the time, this may be considered a probation violation, which means the original charge that you were on probation for may now become a conviction. Hire a criminal defense attorney immediately.
Answered on Jan 25th, 2013 at 11:58 AM
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It's impossible to say without knowing what evidence the prosecutor will have. If there happen to be video tapes of the incident at the bar, it might make the chances better. If the only evidence is the police officer's testimony, then there probably isn't a very good chance.
Answered on Jan 25th, 2013 at 11:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Given the fact that you cannot remember the incident, it would be extremely difficult to formulate a potential defense. Certainly you could engage an attorney and seek to have the charges reduced in some form of the bargain.
Answered on Jan 25th, 2013 at 11:56 AM