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Denver Criminal Defense Attorney Explains What You Need to Know to Avoid Resisting Arrest Charges


December 19, 2018

Getting arrested is stressful and it can lead you to react in a way that you may otherwise not. This can include yelling at the police, struggling against them, or even trying to run away. While these responses are often the result of instinct, they can land you in bigger trouble with the law. In most cases, the officers will charge you with resisting arrest and this can be added to any other charges you may be facing. Unfortunately this can impact your sentencing and make representing your side of the story more difficult. To better help you understand how, your Denver criminal lawyer explains what you need to know about avoiding this troublesome charge.

Be Polite and Respectful
When you’re being arrested, the last thing on your mind is being polite to the police. Unfortunately, if you’re belligerent or fight back, they may charge you with resisting arrest. The best way to prevent having this charge added to the ones you’re already facing is to cooperate fully with the police if at all possible. That said, if the arrest is unlawful or the officer failed to identify themselves as a member of law enforcement, your action should be permissible under the law. Keep in mind it’s up to you and your attorney to prove that the arrest was unlawful or that the officer did not follow protocol. 

You Definitely Need an Attorney
Representing yourself when facing charges for resisting arrest is not only difficult, but often unsuccessful. You need someone familiar with the ins and outs of the law and legal process to help find a way to reduce the severity of the charges against you if at all possible. Keep in mind that no two cases are the same and you may not be able to have the charges lessened or dropped, even with an experienced attorney. 

Be Honest
Lying to the police can earn you a resisting arrest charge in addition to any other crimes they may charge you with. The easiest way to avoid any potential problems is to be honest. When they ask for your name, give them your real name. Keep in mind you don’t have to tell them what you were doing or why you were doing it. You’re also free to not say anything at all until you have an attorney present. Just don’t lie to them. If they believe you’re being dishonest, they’ll be more likely to charge you with resisting arrest.

If you’ve been charged with resisting arrest, whether you did or not, make sure you have a qualified attorney to represent your case. At the Law Office of John L. Buckley, P.C. we’ll help you represent your side of the story. Whether you’ve been charged with a DUI or another criminal offense, our legal team is ready to help. Schedule a free consultation with our team by contacting us online or calling (303) 501-1800. We’ll meet you wherever it’s most convenient, even if you’re awaiting a court date in jail.