How to Avoid a Charge For Resisting Arrest
Encounters with law enforcement are rarely pleasant. Even when there are no other charges or accusations are brought against you, it’s still possible to be charged with resisting arrest. This extends to baseless charges; you can still be charged for resisting arrest even when you’ve done nothing wrong.
Attitude and Behavior
The quickest way to end up with a charge for resisting arrest is belligerent behavior. Sometimes law enforcement agents will berate or antagonize people to the point where they become hostile towards officers, making them easy targets for an arrest regardless of the charges against them. Regardless of the situation, it’s never advised to do or say anything that could be used as justification for police to use force or other extreme measures.
It is possible to face these charges for behavior that isn’t hostile. For example, refusing to move can be used as grounds for charges of resisting arrest. While there are questions that you’re not legally obligated to answer, absolute silence is also seen as a form of resistance because it is impeding on the officer’s ability to get information and determine if any criminal activity took place.
Intent Versus Impact
Pleading ignorance is easy to do but it’s difficult to prove. However, if you knowingly intervene in an attempted arrest that is immediate justification for being charged with resisting arrest. Even if you don’t try to intervene with the arrest itself, creating a hostile or dangerous environment can be interpreted as an attempt to do so. This also justifies being charged with resisting arrest.
Don’t Do It
The easiest way to avoid a charge for resisting arrest is to not try and resist. The charges may be baseless. The law enforcement agents may be abusing their power. There may be a reasonable and rational explanation that created the situation in which police were contacted. But police officers uphold the law, they don’t interpret it. The police aren’t there to bargain. Negotiations, explanations, and conversations are best had with a legal expert after the fact, not during the arrest itself.
We’re Here to Help
If you have been charged for resisting arrest whether it was for an accused DUI or not and believe the charges violated your rights, you are encouraged to seek out more information to learn what to do next. Contact our office today to speak with a criminal attorney in the Philadelphia, PA area. Our office also offers services such as DUI attorney in Philadelphia to help as well!