resisting arrest

November 10, 2023

The Crime of Resisting Arrest in California

Just because you disagree with the police about whether or not you deserve to go to jail, it does not mean you have an equal say in the matter. As officers attempt to handcuff you, your first instinct may be to resist their efforts. Maybe you can think of 20 excellent reasons that cops are out of line or have the wrong guy, but none of those reasons give you the right to fight back against officers who are trying to cuff, transport, or book you into jail. You are much better off cooperating and getting your comeuppance in court—because if you get charged with resisting arrest, the consequences may not be very pleasant.

What Does Resisting Arrest Look Like?

Every scenario is different, so drawing a picture of resisting arrest is a little bit complicated. The legal definition refers to willfully delaying, resisting, or obstructing a peace officer, public officer, or EMT as they are attempting to do their duty. It can include disrupting or impeding communications over a public safety radio frequency and certainly includes any attempts to disarm an officer of the law. Now, some of this could be interpreted differently by various stakeholders in different situations. Does heckling and name-calling fall under the statute? What about running or hiding from an officer? What if you are a bystander who argues with the cops? The shades of gray involved could make a prosecution a challenge when an adept defense is launched.

Defending the Charges

Depending on the circumstances, it may be possible to demonstrate that a defendant had no intention of interfering with an officer’s duties. Another tact might be asserting that there were no legal grounds for your arrest or that there was an unlawful use of force against a suspect who simply tried to mount a reasonable defense. Finally, it is possible the allegations of resisting arrest were concocted to begin with.

Penalties for Resisting Arrest

The penalties for resisting arrest are pretty consequential: a guilty verdict could land you in jail for a year in addition to $1,000 in fines. If a weapon is involved, penalties increase substantially. That could have significant implications for family relations, employment, and your future in general. Continue reading

January 25, 2019

Am I Free to Go? Handling Your Arrest

by David M. Boertje

An arrest is an undeniably traumatic experience. The simple question, am I free to go, will be answered with an affirmative “no.” Keep in mind that once the police officer starts the arrest process, he or she has probable cause to believe that you have committed a crime. If during the arrest process, you resist arrest, for example, you will receive an additional charge and that charge can stand on its own regardless of whether there is a conviction for the underlying arrest charge.

While you have a constitutional right to disrespect a police officer, if you desire to do so, we advise against it. It complicates the process. Resisting arrest can involve more than physical acts. Spitting on the police officer can support a conviction for resisting arrest, as well.

If you are arrested or taken to a police station:

DO tell the police your name and basic identifying information. But nothing else.
DO say “I want to remain silent” and “I want to talk to a lawyer.” The police should stop questioning you after that.
DO make sure you get your three phone calls within three hours of getting arrested or immediately after being booked. You can call a lawyer, bail bondsman, relative, or any other person. If you have children under 18, you get two additional calls to arrange childcare. Memorize phone numbers ahead of time.
DO know the police are recording your calls (except the call with your lawyer).

If you are arrested or taken to a police station:
DON’T give police any information except for your name and basic identifying information.
DON’T give police a fake name or your cousin’s name. This may lead to another charge.
DON’T give explanations, excuses, or stories about your conduct or the subject of the police investigation. Calmly say, “I want to remain silent” and “I want to talk to a lawyer.”
DON’T talk about your case on the phone with anyone. The police might be recording your phone calls (except those to your lawyer).
DON’T make any decisions in your case without talking to a lawyer.
DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

January 4, 2019

Am I Free to Go? Handling Police Stops

by David M. Boertje

Encounters with police or other law enforcement officials can be scary. Some individuals are treated fairly when questioned or detained by the police, while others are not, and remember their experiences quite negatively. The following will provide some practical information regarding your rights when you interact with the police.

If You are Stopped by a Police Officer

First, understand what a police officer’s job is, regardless of whether your stop is fair or unfair. If the police have reasonable suspicion that you have committed a crime or are in the process of committing a crime, then they are required to investigate.

If you are stopped for questioning, DO:

Ask the police officer, “Am I free to go?” If the police officer says yes, then you can leave. If the officer says no, ask him or her to explain why he or she is detaining you.
Remain silent, as is your right. Say, “I want to remain silent.” Do not start answering questions and then stop. It is best not to answer any questions. You must provide your name, date of birth, and address, but nothing more.
Tell the police officer you do not consent to a search. The police officer will search you upon arrest or as part of the investigation into your alleged crime. Nonetheless, you can say, “I do not consent to a search.”

If you are stopped for questioning, DO NOT:

Act or speak disrespectfully toward the police officer.
Run away or physically resist a “pat-down” or search. Simply say, “I do not consent to a search.” Be aware that you will be searched despite your objection.
Lie to the police. When they ask for your name and address, provide your name and address, not your sister’s or cousin’s or made up name. After you provide this basic information, you can remain silent and say, “I want to remain silent.”
Discuss your citizenship or immigration status with anyone but your criminal defense lawyer.

Keep in mind that the police are allowed to lie, intimidate, and bluff. Even if you do not strike a police officer while you are being questioned after a stop, spitting on a police officer is an assault and can be charged as resisting arrest, too.

Do Not Go it Alone

Most people with contacts in the criminal justice system are first-time offenders. For many accused people, it may be the first and only criminal case they have in their lifetime. Understanding your rights and the steps involved to resolve a criminal case brings with it peace of mind during a turbulent time for you and your loved ones. Continue reading

January 13, 2016

Teens Get Prison for Armed Robbery Spree; Plead Guilty to Evading Police

by David M. Boertje

Earlier this month, two teens, Victor and Jonah Ledesma, 19 and 18, were sentenced to prison for robbing pedestrians at gunpoint and knifepoint during a crime spree in the Hillcrest, University Heights, North Park, and La Jolla communities. The two teens had pleaded guilty to robbery, auto theft and evading police back in September.

Victor Ledesma already had a robbery conviction, so he was sentenced to 21 years and four months imprisonment. Judge Timothy Walsh sentenced Jonah Ledesma to 13 years in prison. Additionally, two additional 15 year olds were arrested in connection to the crimes connected by the Ledesmas, but they were prosecuted in Juvenile court. Deputy District Attorney Jim Koerber said nine victims were held up during six robbery incidents.

The event that led up the suspects’ arrests occurred in Mission beach, when their car ran over a spike strip and smashed into another car. They were trying to evade the police in a car chase at the time.