How to Get Resisting Arrest Charge Dropped?
A resisting arrest charge can have severe consequences, including fines and even imprisonment. If you have been charged with resisting arrest, it is crucial to take immediate action to protect your rights and try to get the charge dropped. In this article, we will provide you with a step-by-step guide on how to get resisting arrest charge dropped.
Understanding Resisting Arrest Charges
Before we dive into the steps to get resisting arrest charge dropped, it is essential to understand the charges. Resisting arrest is a criminal offense that occurs when a person actively resists or obstructs a law enforcement officer in the performance of their duty. This can include failing to comply with a legal order, using physical force, or attempting to evade arrest.
Reasons for Resisting Arrest
There are several reasons why a person may resist arrest, including:
- Lack of understanding of the laws and procedures
- Fears of police brutality or unfair treatment
- Attempt to protect oneself or others
- Disagreement with the arrest or the legal authority
How to Get Resisting Arrest Charge Dropped
If you have been charged with resisting arrest, there are several steps you can take to try to get the charge dropped. Here are some of the most effective strategies:
Contents
Hire an Experienced Criminal Defense Attorney
A skilled criminal defense attorney can help you navigate the legal system and develop a strong defense strategy. Your attorney can:
- Investigate the circumstances surrounding your arrest
- Gather evidence and witness statements
- Identify potential legal defenses or challenges
- Negotiate with the prosecution to dismiss the charges
Challenge the Arrest
The first step in getting the resisting arrest charge dropped is to challenge the arrest. Your attorney can challenge the arrest by:
- Asserting that the officer exceeded their authority
- Raising questions about the constitutionality of the arrest
- Arguing that there was no probable cause to arrest you
Show That You Were NOT Resisting Arrest
A key element of resisting arrest is the act of resistance. If you can demonstrate that you were not actively resisting arrest, you can argue that the charge is unfounded. This may involve:
- Showing that you were cooperative and obeyed the officer’s orders
- Providing witness statements or video evidence that confirms your account
- Submitting medical records or testimony from medical professionals to confirm any injuries or harm inflicted by the officer
Negotiate a Plea Bargain
If the prosecution is willing to negotiate, your attorney can work with them to reach a plea bargain that reduces the charges or suspends the sentence. Common plea bargains include:
- Reducing the resisting arrest charge to a less serious offense, such as disorderly conduct
- Suspending the sentence with the condition that you complete community service or take other steps to address the charges
Plead Not Guilty
If the prosecution is unwilling to negotiate, your attorney may recommend pleading not guilty to the charges. This is a strategic decision that:
- Allows you to have a trial and present evidence to the court
- Gives you the opportunity to challenge the prosecution’s case and raise doubts about the charge
- May lead to a dismissal of the charges if the prosecution’s evidence is weak or unreliable
Table: Strategies to Get Resisting Arrest Charge Dropped
| Strategy | Description |
|---|---|
| Hire an Experienced Criminal Defense Attorney | Work with a skilled lawyer to develop a strong defense strategy |
| Challenge the Arrest | Question the legality of the arrest and raise questions about the officer’s conduct |
| Show That You Were NOT Resisting Arrest | Provide evidence that demonstrates you were cooperative and obeyed the officer’s orders |
| Negotiate a Plea Bargain | Reach a deal with the prosecution to reduce the charges or suspend the sentence |
| Plead Not Guilty | Go to trial and present evidence to challenge the prosecution’s case |
Conclusion
Getting resisting arrest charge dropped requires a strategic and proactive approach. By hiring an experienced criminal defense attorney, challenging the arrest, showing that you were not resisting arrest, negotiating a plea bargain, or pleading not guilty, you can increase your chances of getting the charge dropped or reduced. Remember to take immediate action and seek professional legal advice to protect your rights and ensure the best possible outcome.
