The attitudes and policies of the current administration have brought out a lot of strong feelings in many communities around the country. Protesters have taken to the streets, carrying signs and attending public rallies. Sometimes law enforcement attempts to disperse a crowd, and innocent participants are faced with the charges of resisting arrest NJ officers bring.
When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.
The most common ways protesters resist officers is by struggling or fighting when law enforcement attempts to detain them. You might lay down, sit down, or go limp when an officer tries to remove you from an area. You could also be arrested for giving a fake name or bogus information when an officer asks you to verify who you are and whether or not you have the right to be in a certain space.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.
If there is an upside to a charge of intentional resistance, it is that the charge is hard to prove. Your lawyer might defend on the premise that the officer used excessive force and you were forced to protect yourself in self-defense. The lawyer may also argue that the officer was not authorized to arrest you.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
There is an argument that there was no threat, or the potential for harm, on your part. If you attempted to run away, or were yelling at the officer, without actually causing harm, you probably have a case. In any event you will need the services of an experienced lawyer to represent you.
When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.
The most common ways protesters resist officers is by struggling or fighting when law enforcement attempts to detain them. You might lay down, sit down, or go limp when an officer tries to remove you from an area. You could also be arrested for giving a fake name or bogus information when an officer asks you to verify who you are and whether or not you have the right to be in a certain space.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.
If there is an upside to a charge of intentional resistance, it is that the charge is hard to prove. Your lawyer might defend on the premise that the officer used excessive force and you were forced to protect yourself in self-defense. The lawyer may also argue that the officer was not authorized to arrest you.
Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.
There is an argument that there was no threat, or the potential for harm, on your part. If you attempted to run away, or were yelling at the officer, without actually causing harm, you probably have a case. In any event you will need the services of an experienced lawyer to represent you.
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