QUESTION
What should my friend do with his resisting arrest charge?
Asked on Mar 20th, 2013 on Criminal Law - Michigan
More details to this question:
My friend has no prior record, but he was arrested last year for disorderly conduct and resisting arrest. He wasn't involved in the situation, he was just in the wrong place at the wrong time. They dropped the disorderly conduct charge, but he is still facing resisting arrest. He said he did not resist arrest, but its his word against the officer. The officer also used excessive force injuring my friend. He already spent a night in jail for this. He was offered a plea bargain wanting him to pay $500, talk classes, and be on probation. He does not want to accept that because he feels he didn't do anything wrong. If he takes it to trial and loses what could happen to him? Does it seem like he has any chance of winning? His attorney thinks he is going to lose.
7 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If he is unhappy with his lawyer and the lawyer's advice, he should hire a lawyer to take over. If he loses, he may be able to get probation from a jury. At worse, it is a misdemeanor for which he can receive jail time. There is no way for someone to guess his chances of winning with what you have provided. His lawyer should be getting information on the cop including IAD complaints.
Answered on Mar 21st, 2013 at 8:57 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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By all means go to trial. That is his constitutional right! Based on the limited information here, with no prior record it is quite probable that he will not get a worse sentence if convicted at trial, unless the facts that come out are potentially worse than what is being presented to the judge now. For example, if your friend was highly agitated and an officer was injured, that might present as a worse situation for him. If his lawyer isn't going to go into the trial trying to win for his client, get a lawyer who will!
Answered on Mar 21st, 2013 at 3:57 PM
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It's impossible to predict what a jury would or would not do. However, every person accused of a crime has a right to a trial. If your friend believes that he is innocent of the charges he should take the case to trial. This is his opportunity to question the state's evidence and their witnesses. If convicted, the judge in his case would impose a sentence. Your friends attorney should be able to explain the range of potential punishments given the charge and jurisdiction.
Answered on Mar 21st, 2013 at 3:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He should be discussing this with his attorney, since his attorney probably has more information than you listed in your question.
Answered on Mar 21st, 2013 at 11:07 AM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Obviously, his attorney knows a lot more about the case than I do. I can't second-guess his attorney's legal judgement without thoroughly reviewing the evidence myself. It's impossible to guess whether or not he has any chance of winning without knowing more details about the allegations. (That's like asking, "If there was a football game, who would win?"). Going to trial always carries huge risks. If your friend loses at trial and the judge finds that he is not remorseful, then he could receive up the maximum penalty. Without knowing what specific charge he's facing, I don't know what the maximum would be. "Resisting arrest" can be charged as PC 69 or as PC 148(a)(1), which each carries its own penalties.
Answered on Mar 21st, 2013 at 11:05 AM
Your friend needs to speak to his attorney about these things. If its charged as a misdemeanor, its up to 12 months in jail per charge. Local ordinances carry max of 6 months in jail.
Answered on Mar 21st, 2013 at 11:04 AM
Michael J. Breczinski
If the deal ends up with him having no criminal record by taking the classes and paying the fine, then he should seriously consider it.? He can always go to trial since the STATE is the one that has to prove guilt, not him proving innocence.
Answered on Mar 21st, 2013 at 9:50 AM