A resisting arrest charge can have serious consequences, impacting your future employment, travel opportunities, and even your ability to own firearms. Successfully getting such a charge dropped requires careful strategy and a thorough understanding of the legal process. This guide explores potential avenues to achieve this outcome, emphasizing that legal advice from a qualified attorney is crucial throughout the process. This information is for educational purposes only and is not a substitute for professional legal counsel.
What Constitutes Resisting Arrest?
Before exploring ways to get the charge dropped, it's important to understand the elements of the crime. Generally, resisting arrest involves actively obstructing or impeding a law enforcement officer attempting a lawful arrest. This can range from physically resisting to verbally abusing or threatening the officer. The key here is the lawfulness of the arrest. If the initial arrest was unlawful (e.g., based on insufficient probable cause), this significantly strengthens your defense.
Can a Resisting Arrest Charge Be Dropped?
Yes, a resisting arrest charge can be dropped. This can happen at various stages of the legal process, including:
- Before charges are filed: If the arresting officer decides there wasn't sufficient evidence to justify the charge, they may choose not to pursue it.
- During plea bargaining: Your attorney might negotiate with the prosecution to have the charge dropped in exchange for a plea to a lesser offense, or the dismissal of other charges.
- After a pre-trial hearing: The judge might dismiss the case if the prosecution fails to present sufficient evidence to proceed to trial.
- After trial: A "not guilty" verdict at trial will result in the dismissal of the charge.
What are the Best Ways to Get a Resisting Arrest Charge Dropped?
Getting a resisting arrest charge dropped requires a multi-pronged approach, often spearheaded by a skilled criminal defense attorney:
1. Secure Legal Representation Immediately
This is arguably the most crucial step. A knowledgeable attorney can assess the strength of the prosecution's case, identify potential weaknesses, and develop a strong defense strategy. They can also negotiate with the prosecutor, represent you in court, and guide you through the complexities of the legal system.
2. Gather and Preserve Evidence
Evidence is key to building a strong defense. This includes:
- Witness testimony: If anyone witnessed the arrest, their accounts are valuable.
- Body camera footage: Police body cameras frequently record arrests, providing crucial visual evidence.
- Medical records: If you sustained injuries during the arrest, medical documentation can support your defense.
- Photos and videos: Any personal photos or videos from the scene can be helpful.
3. Challenge the Lawfulness of the Arrest
If the initial arrest was unlawful, this significantly weakens the resisting arrest charge. Your attorney will investigate whether:
- Probable cause existed to arrest you.
- The officer followed proper procedure during the arrest.
- Excessive force was used.
4. Negotiate a Plea Bargain
Your attorney may negotiate a plea bargain with the prosecution to have the charge dropped or reduced in exchange for a plea to a lesser charge. This often involves considering the potential consequences of a trial versus the potential benefits of a plea agreement.
5. Prepare for Trial
If a plea bargain isn't possible, your attorney will prepare a vigorous defense for trial. This involves investigating all aspects of the case, interviewing witnesses, and presenting evidence to the court.
What if I Can't Afford a Lawyer?
Many jurisdictions offer public defenders or legal aid services for individuals who can't afford legal representation. Contact your local bar association or court to inquire about these resources.
How Long Does it Take to Get a Resisting Arrest Charge Dropped?
The timeline varies significantly depending on the complexity of the case, the jurisdiction, and the availability of resources. Some cases might resolve quickly through plea bargaining, while others may take months or even years to reach a conclusion.
Can I Get My Record Expunged After the Charge is Dropped?
The possibility of expungement (removing the arrest from your record) depends on the laws of your jurisdiction and the circumstances surrounding the case. Your attorney can advise you on the expungement process, if applicable.
This information provides a general overview. The specific approach to getting a resisting arrest charge dropped will depend on the unique circumstances of your case. It is imperative to consult with an experienced criminal defense attorney as soon as possible. They will provide personalized advice and representation tailored to your situation.
