QUESTION
Can you get charged with resisting arrest if you were never told you were under arrest to begin with?
Asked on Aug 30th, 2013 on Criminal Law - Georgia
More details to this question:
Essentially I tried to get away from a police officer b/c I didn't know that I was under arrest. He asked me a few questions and I decided i didn't want to answer more so I turned to leave and he grabbed my arm. I yanked it away and the other officer came over and cuffed me.
4 ANSWERS
John J. Carney
You can be charged with resisting arrest as well as any other charges, but they should have had a valid reason to stop you, question you, and arrest you or the DA will probably dismiss the case. Retain a good lawyer to handle the case.
Answered on Sep 10th, 2013 at 4:28 PM
Michael J. Breczinski
Why did he question you? Why did he grab you? I need more details.
Answered on Sep 10th, 2013 at 4:28 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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If you were not being lawfully detained, you had every right to terminate the conversation and leave. In that instance, the officers cannot forcibly prevent you from leaving. But if you were lawfully detained or arrested, attempting to leave or forcibly resisting could give rise to the charge. Like all cases, this will depend on the facts which you should discuss with a criminal defense attorney.
Answered on Sep 10th, 2013 at 4:28 PM
Yes. They don't have to tell you they are arresting you.
Answered on Sep 10th, 2013 at 4:28 PM