The criminal offense of resisting arrest is set forth in Penal Code 148 and PC 69. The crime is sometimes referred to as contempt of cop due to the fact that in many cases the police officer will arrest the individual on the basis of what he feels is disrespect to the authority of law, or the position of his office. A criminal defense lawyer can often assist in getting the charge dismissed by virtue of the attorney's relationship with the local prosecutor. District Attorneys often will realize that the arrest was motivated by some other reason than is stated in the report. For example, in a typical car stop scenario the arresting officer may try and depict the circumstances as such that indicate an aggressive posture by the defendant, however what really took place is that the suspect actually was acting in self defense to the overly aggressive acts of the police officer.
In many cases where drunk and disorderly allegations are raised, the law enforcement agency will trump up the arrest report, usually to try and cover up acts of excessive force, particularly when the person arrested was injured or sustained visible bruising or signs of abuse. The local city prosecutor will usually file a criminal complaint with resisting arrest or obstruction of justice in an effort to thwart a potential civil law suit against the offending police agency and city. Typically, only an experienced local lawyer can get into Court and convince the prosecuting entity to drop charges. Matthew Ruff has personally taken on literally hundreds of these types of cases and obtained favorable results. Without competent legal counsel a layman is at the mercy of a skilled District Attorney whose only goal is to get a conviction and close the case.
In order to be found guilty of the offense of Penal Code 148 the People of the State of California must prove that a person willfully resisted, delayed or obstructed a peace officer, and at the time the public officer was engaged in the performance of his or her official duties and the person knew or reasonably should have known that the other person was a police officer engaged in the performance of his or her duty. What is required is that the officer was acting reasonably and that the detention or arrest was lawful, if the arresting officer was himself acting outside the course and scope of his official capacity a defense may arise.
If you or someone you care for has been arrested and are facing the charges of resisting arrest, obstruction of justice, assault on a police officer or some similar offense, criminal defense attorney Matthew Ruff can intervene and resolve the case. For over 15 years he has successfully defended all manner of charges where an otherwise law abiding citizen has encountered an overly aggressive police officer bent on showing his authority. One very typical legal maneuver used in the defense of these cases is to file a motion requesting information about the personnel file of the police officer involved in the arrest. This motion, referred to as a "Pitchess Motion" allows the lawyer to get into prior complaints from other citizens of excessive force and dishonesty. Pursuing all available legal motions and remedies is what results in cases of resisting arrest being dismissed and it is what sets our Law Firm apart from other attorneys who fail to defend the case with vigor and passion.
Serving all Los Angeles and Kern County Courts including Torrance, Bakersfield, Long Beach, Manhattan Beach, Gardena, Redondo Beach, Taft, Palos Verdes, Hermosa Beach, among many others. Our experienced lawyer can get in and work out a favorable outcome, many times without the client ever appearing in Court. In this world you only have one chance to prevent a permanent blemish on your criminal record. A resisting arrest adjudication or a court conviction for obstructing or delaying a police officer will no doubt haunt you for the rest of your life. Employers and government entities pull a criminal justice record when evaluating a person for employment or professional licenses, a lawyer can help to protect your good reputation but you need to call and speak to a legal professional with expertise in resisting arrest cases. Call us today for a case evaluation toll free at 1-877-213-4453.