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The current administration has created a lot of strong feelings when it comes to its attitudes and policies. There are protesters making signs, showing up at rallies and taking to the streets. When officials try to break up demonstrations, innocent protesters can get caught in the crosshairs and be accused of resisting arrest NJ law enforcement will try to prove.
You can be accused if you do not obey an officer's instructions exactly in the middle of a tense situation. If you are seen as a resistor, you can be arrested and jailed although what you did was not really unlawful. You need to understand that it is up to the prosecution to prove a case against you. They must prove that you understood the individual you had the conflict with was in fact a real police officer. The prosecution must prove the officer acted legally and your behavior was intentional.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If you are convicted of a felony charge, it is much more serious. In this instance, you may go to jail for three years. If you live in Louisiana, it could be as long as ten years. You will have to pay a fine that could cost you ten thousand dollars. You would have to meet with a parole officer every week or month to report in.
It is in your favor that it's hard to prove someone was intentionally resisting arrest. You can argue that excessive force was used and that you were protecting yourself and acting in self-defense. You can also say that the officer in question had no right to arrest you because he was not authorized.
You could argue that the police report did not accurately state the facts. Openly accusing a police officer of lying can backfire on you though. It is a better idea to present your case as one in which you state that the report distorts the facts as you remember them.
Another argument is you did not pose any real threat or potential harm. Yelling at a police officer or running away, without actually doing any harm, can be a valid argument. Whatever your defense, it takes a good lawyer, on your side, to argue it.
You can be accused if you do not obey an officer's instructions exactly in the middle of a tense situation. If you are seen as a resistor, you can be arrested and jailed although what you did was not really unlawful. You need to understand that it is up to the prosecution to prove a case against you. They must prove that you understood the individual you had the conflict with was in fact a real police officer. The prosecution must prove the officer acted legally and your behavior was intentional.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If you are convicted of a felony charge, it is much more serious. In this instance, you may go to jail for three years. If you live in Louisiana, it could be as long as ten years. You will have to pay a fine that could cost you ten thousand dollars. You would have to meet with a parole officer every week or month to report in.
It is in your favor that it's hard to prove someone was intentionally resisting arrest. You can argue that excessive force was used and that you were protecting yourself and acting in self-defense. You can also say that the officer in question had no right to arrest you because he was not authorized.
You could argue that the police report did not accurately state the facts. Openly accusing a police officer of lying can backfire on you though. It is a better idea to present your case as one in which you state that the report distorts the facts as you remember them.
Another argument is you did not pose any real threat or potential harm. Yelling at a police officer or running away, without actually doing any harm, can be a valid argument. Whatever your defense, it takes a good lawyer, on your side, to argue it.
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