What can I do if I was charged with obstruction and resisting arrest?
I am a 25-year-old male charged with obstruction and resisting arrest. I was walking down the street in the wrong place at the wrong time. I was not respectful with my answers but did nothing against the law.
Law Office of Joe Dane
| Joe Dane
Orange, CA
Orange, CA
Not being respectful doesn't sound like enough to charge and/or convict you. You have to 1) be validly detained and 2) actively do something that resists, delays or obstructs the officer in the performance of their duties. It's not anything you want on your record, however. If you can afford to do so, I'd suggest consulting with a local criminal defense attorney to discuss representation. Look for somebody that routinely practices in the court where your case will be heard. If you cannot afford an attorney (and you'll never know if you can until you discuss the case and fees with them), you can request the services of the public defender when you appear in court.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Peter F. Goldscheider
You need to have an attorney represent you. There are always two sides to the story and you have provided me only yours. This service is not designed to provide you representation in court.
Answer Applies to: California
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James H. Dippery, Jr.
More facts are needed but if you were just 'disrespectful' your case might be triable or otherwise reduced by plea negotiation.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Hammerschmidt Broughton Law
Of you did nothing wrong then you should fight the charges. Police often cite people for resisting arrest/obstruction when the person is simply exercising their rights. Only way to tell for sure is to consult with a criminal defense attorney. Success or failure almost always depend on the facts of the case, so run them by an attorney who can fully advise you. You might be offered am infraction as opposed to a misdemeanor and it could be best to go that route. A criminal defense attorney can tell you.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Mark A. Berg
You have a right to an attorney, a jury trial, and to discovery of all evidence the DA intends to use. I urge you to meet with a local attorney for a free consultation.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
You violated the "Don't mouth off to a cop" law and you are lucky they didn't beat you.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Robert L. Driessen
This happens more often that you would think. They are called attitude arrests. Many times your attorney will be able to work with the DA to get the charges dismissed. You will need to hire an attorney or request the services of the public defender if you are indigent.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
Do yourself a favor and hire an experienced criminal defenese attorney. You are not required to be respectful to officers. In fact, you are not even required to talk to them. Sounds like they just got mad and decided to make up something to charge you with. Since there is nothing else it is easier for an attorney to get a reduction or dismissal for you.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Hashemi Law Firm
You must fight the charge to avoid unjustly having this on your record. Depending on the facts and circumstances this case is defensible. Some discovery is required before taking a plea. You'll need an attorney who's not going to hold your hand through a plea, but fight each and every angle of the case.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Rizio & Nelson
Hard to give you good advice without knowing more of the details. It sounds like you're accused of PC 148(a)(1), which is basically the crime of wasting a cop's time. The DA doesn't need to prove that you fought the cops or physically resisted, only that you did something to make the officer's job harder than it had to be.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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