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How can I have been charged with resisting arrest without violence without being charged with an arrestable offence?
Anonymous9 views6 answers
I incurred two non-criminal traffic violations...wrong side of roadway driving and driving around a barricade. When the officer pursued me, i stopped my vehicle, got out when directed and was cuffed and put in her car. I did not realize that I was under arrest until she drove away to take me to jail. She never stated that I was under arrest. At the jail, I discovered that I charged with resisting arrest without violence. I know that I did not do this. In order to be charged with this, doesn't there need to be an arrestable offence? My husband says it is implied because she had to pursue me from the roadblock. Is this true?
Resisting an officer without violence means that you did not follow a lawful order from a police officer when you were required to do so. There does not need to be an underlying criminal offense. You could give a false name, run away, not pull over as directed, etc. Just because you are arrested for this does not make it a good charge. You may have valid defenses. Call me tomorrow if you have any specific questions regarding your husband's case. Good luck!
http://www.brycefetter.com/RESISTING_AN_OFFICER.html
the is no charge of Resisting arrest in Florida. The Charge Would be resisting an officer. It basically means that the officer is saying that you did something to impede him from doing whatever duties he was supposed to be doing, or that you failed to follow instructions that you gave him. You may have some very good defenses to this case. You should hire a criminal defense attorney right away. the State Attorney has the final say on whether or not you are formally charged with a crime and a Criminal defense attorney may be able to talk to the state attorney and explain your side of it so that you are not charged.
Based on the facts you've provided, I don't know that there was an offense that rises to the level of Resisting. Florida Statute § 843.02 / Resisting Officer Without Violence states:
Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
In order to sustain a charge of Resisting, the State must establish that a law enforcement officer was engaged in the lawful execution of a legal duty & that you did something to oppose, obstruct or interfere with the officer's efforts. We often see officers charge Resisting where the facts don't support the charge. A careful analysis of the facts and circumstances will allow you to better understand whether the charges will be sustained. Hiring an experienced criminal defense lawyer will give you the best chance of defending yourself.
Jerry JenkinsCriminal Defense AttorneyOrlando, FL ·
I agree with the other post. The criminal offense in Florida is resisting an officer in the lawful execution of a legal duty. Based on what you have stated above there may be legal defenses. You should contact an attorney to talk with regarding the specifics of your case. They probably charged you with the misdemeanor which carries up to a year in jail punishment.
