QUESTION

Is it possible to fight a disturbing the peace charge with resisting arrest?

Asked on Jul 11th, 2016 on Criminal Law - New Jersey
More details to this question:
My brother went to aid my father after a car accident. He found the officer combative and prejudice toward my dad, so after trying to get an explanation for why he wanted to tow the car (license was suspended unknown to my father, due to an unpaved ticked) he began to get frustrated. After retreating from the officer and just talking with my mom and dad, also in angry manner, he says "f@#$ 12" in his conversation with them. All of a sudden the cop came and arrested him for disturbing the peace. While complying and putting hands behind his back he just kept asking "what am I being arrested for?" after complying completely, and sitting in the car, he is told by another officer (10 of which showed up, including a supervisor who was also a professor for my brother's criminal justice department whom he knows well, who was himself astonished "you sent all these people for one arrest?") that he was being charged with disturbing the peace and resisting arrest.
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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You can have a trial and the State has the burden to prove guilt beyond a reasonable doubt. However, the police officers will testify against the defendant and the judge will listen carefully to the officers. If the defendant has no record, he may be able to have the  charges dismissed and your parents helped. We do these cases all the time and have good success. Please call to discuss. Ed Dimon 732-797-1600
Answered on Jul 12th, 2016 at 4:12 AM

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