ARRESTS:- CAN ONE RESIST ?
Some individuals, when confronted with the prospect of suddenly and unexpectedly being taken into custody, will chose to resist rather than submit to the arrest. Therefore, the purpose of the following material is to briefly explain what an arrest is, and address under what circumstances, if any, it might be appropriate for an individual to resist an arrest.
By definition, a criminal arrest generally occurs when a law enforcement officer takes an individual "into custody" meaning that the individual is no longer free to merely walk away. With that in mind, might there ever be circumstances where it would be appropriate for an individual to physically resist an arrest.
Realistically, the answer to that question is an emphatic no ! It is difficult to envision a circumstance where resisting an arrest would be advisable. Further, it is difficult to imagine an attorney, given the adverse consequences that might potentially result from resisting an arrest, who would advise a client, regardless of the situation, to resist rather than to submit to an arrest. This would be true for essentially two reasons.
The first reason is that resisting an arrest is, quite frankly, a dangerous act. Since, by law, a law enforcement officer can generally use whatever force is necessary to overcome an individual's resistance to an arrest, one who resists an arrest is quite simply, inviting a forceful response. The second reason is that resisting an arrest, or even resisting a detention, is by law, a criminal act. Therefore, by resisting, an individual, in addition to the underlying charges for which the original arrest was based upon, could also be charged with resisting the arrest, as a felony.
Therefore, not only from a legal point of view, but from a point of personal safety, if ever confronted with the prospect of either being taken into custody or of just being detained, regardless of the situation, it would be in one's best interest not to resist. Even if one were 100 % convinced that the arrest is somehow wrongful, the street is the wrong arena to test that point. One would be better off just submitting to an arrest, and thereafter, as soon as it is possible to do so, contact an attorney and let that attorney deal with the question of whether or not the arrest was wrongful. Once the matter gets to court, if it does ultimately turn out that the arrest was wrongful, one would, at that point, be in a far better position to pursue whatever legal action might be appropriate.
ALL RIGHTS RESERVED, DOUGLAS HOLBROOK, 2001
|If you have been arrested or have criminal charges pending, from outstanding warrants, probation violations, domestic violence, drug charges, theft offenses, sex offenses, drunk driving, DUI or DWI related matters, D.M.V. hearings, expungement, modifications, restraining orders, bail bond forfeiture, or any other type of criminal matter, or even if you just need advice on how to post bail, you are urged to contact criminal defense attorney, Douglas Holbrook. He is highly experienced in the defense of a wide range of criminal charges.|