How can I prove that I was not resisting arrest?

Question

The police officer didn't tell me to put my arm behind my back and I was talking on the phone then he came and grabbed my arms and put them behind my back and handcuffed me. Can I be charged with resisting arrest?

Jeffery Cojocar · Answer

Yes you can.  You need to retain an attorney.

Jacob P. Sartz · Answer

My first advice would be to obtain an attorney to assist you with this  matter. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I  recommend consulting with an attorney experienced with these types of  matters. Most attorneys provide free initial consultations.  Simply  because a person is charged does that mean that they will be found  guilty. Anyone charged is presumed innocent until proven guilty.

Loren M. Dickstein · Answer

You can be charged but that does not mean you will be convicted. The prosecutor will have to prove your guilty beyond a reasonable doubt. Hire a good criminal defense attorney.

Jared Austin · Answer

Unfortunately, this is one of the most over-charged crimes there is. It is not up to you to prove that you were not resisting, if is up to the prosecutor to prove that you were resisting. This is a felony so you need to have an experienced attorney by your side who can help you along the way. If the case is as weak as you say, he may even be able to make a motion to dismiss. If not, you can accept a plea bargain or take your chances infront of the jury. The prosecutor will have to show that you were knowingly resiting or not complying with an order of so

Geoffrey MacLaren Yaryan · Answer

You can only be charge with "resisting arrest" if the officer had probable cause to arrest you for some criminal violation.

Michael J. Breczinski · Answer

Yes you can be charged. But you will need an attorney in order to fight the matter. Remember if the jury has reasonable doubt that you were trying to resist then they must find you not guilty.

Thomas Tomko · Answer

You can always be charged. The question is whether or not they can prove the case, and whether or not an agreement can be made that you can live with. These questions are not answered until you get to Court. The best advice is to hire an attorney to go over the details of yoru case and then to come up with an agreed strategy to address your concerns and any charges. I hope that this was helpful.

Andrew Subin · Answer

Whether you were resisting will be up to a jury.  Obviously, the cop will testify that he thought you were resisting; you will testify that you were not.  I do not know how the jury will come out on that one.

Roianne Houlton Conner · Answer

Yes you can if the police officer directed you to put your arms behind your back and you refused.  You need to hire an attorney to represent you and to present your defense that you did not hear the Order.

Eric Sterkenburg · Answer

You can be charged with resisting arrest. Contact me with all the facts so I can tell you if you can be convicted of resisting arrest.

Leonard Harden · Answer

It is nearly impossible to prove a negative, that is why the burden of proof is on the state to prove that you did resist arrest.  Hopefully, the person on the phone with you is available as a witness to what happened. Additionally, there are lots of video cameras around if the arrest occurred near a bank or gas station?  You can be charged with resisting arrest if the officer alleges that you pulled away ever so slightly.  The charge itself does not mean that you are guilty.  The best thing you can do is hire a good lawyer who handles criminal defense cases exclusively.

Michael Palumbo · Answer

You need competent criminal defense counsel and our office can represent you.

Craig Elhart · Answer

Unless you are charged, you don't have to prove anything.

Terry Nelson · Answer

How?  By using all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial.  Your word versus his, you lose.  If you havent been charged, you dont have anything to defend or prove.  If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to help use whatever defenses there may be.

Michael Maltby · Answer

You can be charged with resisting arrest, but on these facts I doubt you could be convicted.  A lot of times an aggressive officer meets up with a citizen who is inexperienced in dealing with the "man" such that the officer takes it wrong.  Normally a prosecutor can appreciate this when he/she gets the whole story such that these types of cases don't go far.

Cynthia Henley · Answer

Were you charged with resisting arrest? If so, then you know you can be charged with it.  You need to hire a lawyer. If there were any witnesses, you need to provide the lawyer with complete contact information for the witnesses.  The lawyer will want to explore the underlying basis for the arrest. I always love when a cop arrests someone for resisting - what were they arresting them for in the first place if there were no other charges filed?!  The lawyer might get the cop's internal affairs records which may supply names of people with complaint's like yours. He may be able to run the names of the other defendants in the county arrested by this officer who might be able to shed some light on him. He may be a member of a lawyers' association that shares information and someone might have information on this cop.  You need to hire a lawyer as quickly as possible.

Eric Schurman · Answer

It's possible, but there's not much that can be done now.  If you do  get charged, feel free to call to discuss further

Michael Nack · Answer

You can be charged with anything. If you are charged with a crime you need to hire an attorney.

Edward Blum · Answer

Yes.  You can be charged with anything.  The real question is can they prove you were resisting arrest.  Your cell phone records will show you were talking at the time the officer was hassling you.  That may help your case.  Call me, this is something I can help you with.

Timothy Klisz · Answer

You can be charged with anything. The prosecutor has to prove it. The officer will say you did, you will need witnesses who say you didn't.

Kevin O'Grady · Answer

You will need to discuss with your attorney the specific facts of the situation and have him review the police reports. You need to hire an attorney to properly defend you.

Maureen Baldwin · Answer

Have you been charged with resisting arrest? Sometimes in situations where there has been a scuffle or battery involving an arrest, an individual is charged with resisting the lawful command of an officer. The problem is that it usually comes down to your word against the word of the officers. Unless the officer has actually given you a lawful command, such as "place your hands behind your back" or "hang up your cell phone during this investigation" there is no valid resisting arrest charge. You really need to see the police report.

Jeff Yeh · Answer

Of course you can. Cops make things up all the time.

Jared Altman · Answer

You can get charged with anything. It's what that can be proved that matters.

Robert Watkins · Answer

It sounds like you were charged with resisting arrest. It is the State's burden to prove you did resist; not your burden to disprove.

Robert English · Answer

The actual charge for PC 148 is resisting, delaying or obstructing an officer. If it was a legal detention and you ignored his instructions, then that could be an obstruction or delay. Whether that would "stick" in the long run is up to a jury if you were to try the matter.

Stephen Freeborn · Answer

Without looking at the case and the facts, and the allegations of the arresting offices, I am unable to answer that question.  Consult with an attorney

Gregory Casale · Answer

Obviously, you can be charged. The question is can you be convicted. The answer is still yes. It is very hard to beat a resisting arrest charge unless you have incontrovertible witness accounts that will overcome the policeman's testimony. There are only two ways to determine a criminal charge, either through plea and admission, or through trial. The only way that you get to challenge the charge is through trial. If that is the choice you elect, the prosecution must prove to either a judge or a jury (your choice as to which), beyond a reasonable doubt, that you committed the crime for which you are charged. You certainly shouldn't try this on your own as you will be expected to know the substantive law and the rules of evidence and procedure, just like an attorney, if you tried the case yourself. The chances of you prevailing under those circumstances are slim to say the least. Even with counsel, the police officer is going to testify that he tried to arrest you and you offered resistance. Although you are not required to offer any defense whatsoever, if you allow the officer to swear to this under oath and do not offer any rebuttal evidence, it will be hard to win. Hire a lawyer and let him/her advise you. I would never advise a client to admit guilt if he/she is not guilty. However, sometimes just understanding what the law really is will cause you to rethink your position. Hire a good lawyer and take their advice.

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