Whether you have committed a crime or not, if you resist arrest through the use of force, you will be charged with a crime. However, there are often situations where you may be charged with resisting arrest that are unlawful. It all depends on your circumstances and the nature of your arrest. If you feel that you’ve been wrongfully charged, then it’s time to speak with a lawyer about the details of your arrest. We can help you.
Who Can Be Charged with Resisting Arrest?
Being charged with resisting arrest can be complicated for all parties involved. To actually be charged with this crime, you must be resisting the arresting procedures of a law enforcement officer with force. Force must be involved for you to actually be charged. A fleeing suspect, though logically speaking they are resisting the process of arrest, do not qualify for resistance charges. However, attempting to escape from an arresting officer is its own crime.
Along with resisting your own arrest, you are not allowed to interfere with the arrest of another person. In these cases, the use of force is required for the charges to be considered appropriate.
How Can You Defend Against These Charges?
To actually be convicted of “resisting arrest” in a court of law, the prosecuting attorney must prove that you were under arrest, that the arrest was in accordance with the law, and that you resisted the arrest using force. When you work with a lawyer to address these charges, we will go over the circumstances of your arrest and protect you from false allegations.
What Should You Do During an Arrest?
In all situations, your safety is the most important consideration. Whether you are guilty of a crime or not, if a police officer is trying to arrest you, the safest thing to do is remain calm and offer no resistance. If you are truly innocent of your alleged crime, then the truth will come to light in due process. Calm compliance will ensure that you cannot be charged with additional crimes and hopefully deescalate the situation so that no one employs force.
In the event that the arresting officer is using excessive force, do your best to remain calm, and comply as best you can to avoid further escalation. Confrontations with the police are often stressful on both sides, so do everything in your power to keep calm.
Have You Been Charged with Resisting Arrest in Maryland?
If you would like to set up a free consultation to speak with legal professionals who will take you seriously, contact us today.
Criminal Defense FAQs
Can I Appeal My Criminal Case?
If your case was tried in the District Court of Maryland, you do have the right to an appeal which would result in a brand new trial that doesn’t regard the findings of the initial court that tried your case. You have 30 days from the date of sentencing to appeal a case.
Will the State Appoint Me a Defense Attorney?
You may choose to accept legal assistance from a state-appointed lawyer during your trial. However, working with a criminal defense attorney at Albers & Associates means you’ll receive more personalized and dedicated care from a lawyer who is dedicated to aggressively pursuing the best outcome possible for every client they work with.
Why Do I Need a Criminal Defense Attorney for a DUI?
Maryland is one of the states in the U.S. That assesses both administrative and criminal penalties when someone is charged with a DUI. This means that fines, license suspension, and imprisonment are all commonly assessed when a driver has been caught doing so under the influence. The MVA handles most of the administrative charges, but a criminal defense lawyer is necessary if you want to avoid harsher penalties for the criminal charges.