Resisting Arrest: What If The Arrest Was Unlawful?

Your Los Angeles criminal defense attorney can use this fact as a defense to the charges.

Resisting Arrest: What If The Arrest Was Unlawful?

In today’s tumultuous political climate, it seems as though there is a new protest every week. These protests are often accompanied by stories of arrests, as many participants have less-than-peaceful interactions with police. Some of the charges that come from these protests include resisting arrest, which brings up an important question: can you be charged with resisting arrest if the arrest itself was not legal?

For example, consider a situation where you are pulled over for violating a traffic law. The officer pulls you over, and then demands you get out of the car so that he can arrest you. You know that your traffic infraction — going slightly over the speed limit — is not a criminal offense. But if you say no, can you be arrested for resisting arrest?

The answer is complicated, because at the time that the situation is happening, the police officer is the one making the determination. For many people, the best course of action is to not resist the arrest — and then to hire a top notch Los Angeles criminal defense attorney to fight the charges on the basis that the arrest was not lawful.

A law enforcement officer can lawfully arrest a person if he or she has a warrant for your arrest, or probable cause to believe that you have committed a criminal act. If you willfully resist, delay or otherwise obstruct a law enforcement officer in the performance of his or her duties, you could be convicted of resisting arrest under California law. Even if you are not ultimately charged with the crime for which you were arrested, you can still be charged with resisting arrest.

There are a number of ways that a person can “resist arrest” under California law. According to an experienced Los Angeles criminal defense attorney, it could include refusing to comply with a command, such as getting out of the car as described above. It could also include physically resisting or fighting an officer, or simply giving a false name to evade arrest.

Making unlawful or illegal arrests is not considered part of a law enforcement’s officer’s duties. If you resist an unlawful or illegal arrest, you should not be convicted of resisting arrest. However, because these situations can be complex, it is better to comply and allow your Los Angeles criminal defense attorney to argue the case on your behalf in court than to take the chance of escalating the situation on the street.

If you are arrested, an experienced Los Angeles criminal defense attorney would advise that you do not resist, even if you believe that the arrest is unlawful. Be polite, and provide them with your proper name and identification, if requested. Beyond that, you can tell the police that you choose to not answer their questions, and that you want to speak to your lawyer. If your arrest was unlawful, your Los Angeles criminal defense attorney can use that as a defense.

If you have been charged with a crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a knowledgable Los Angeles criminal defense attorney.

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