he was arrested for resisiting and obstructing,he also might be getting charged with threating a cops life.i dont know if he will do any time at all but if someone knows something please help,and if hes only charged with the obstructing,resisiting,will he do time please answer if you know something if not please dont its not a joke its vary serious we have kids to think about thank you.
2006-10-10 15:06:44 · 22 answers · asked by shyone 1 in Politics & Government ➔ Law Enforcement & Police
he was arrested for obstructing and resisiting,and we live in california,
2006-10-10 15:14:47 · update #1
yes he was drunk,the cop thar arrested he has a problme with him any ways
2006-10-10 15:17:16 · update #2
Yes, and no... He might be charged, based on his history. If he has any confictions, and yes he will be in jail. If this is the first incident, than get a representative (like a lawyer), to help you, they will charge him but he will not go.
2006-10-10 15:16:38 · answer #1 · answered by Paul 3 · 0⤊ 0⤋
Is it a first offense? If not, his criminal record will go a long way. If it is a first offense their may be mitagating factors, such as impairment which can go either way depending on the cause of the impairment. If this is a first offense a little jail time might be required or time served and or a plea bargin goes far with alot of DA's/prosecuters. He, your spouse might be able to plea it to probation then there are different types supervised or not. and if it is a first offense for a crime period, be sure to ask for deferred adjudication as part of the plea aggrement. I'm not an lawyer, but you really need to talk with a local one if possible. Good Luck!
2006-10-10 22:26:04 · answer #2 · answered by ken_bailes 2 · 0⤊ 0⤋
if he has no prior offenses (or only some minor ones quite some time ago), there's a very good chance he can get probation and not have to go to jail. The DA is almost always willing to drop some of the charges in return for pleading guilty to others, saving the time and expense of a trial. Get your husband an attorney, who will probably make a deal to get him probation. He's going to need to admit guilt, and then stay OUT OF TROUBLE while on probation -- if he has any legal problems on probation, he could wind up doing a lot of time.
Sorry for your problem, best of luck.
2006-10-10 22:11:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
depends on his past criminal convictions. If it's a first time offense, probably not going to see any jail time other than before being bonded. As far as threatening a cops life,,,,,, as a former officer,I always felt this was a serious offense, however if the prosecutor is like the ones we had, they believed it was all part of a cops job to take those kinds of threats with a grain of salt. So, it kind of depends on the prosecutors attitude
2006-10-10 23:22:46 · answer #4 · answered by lightning14 3 · 0⤊ 0⤋
All states have different laws so it would be impossible for someone to answer your.question and not know more details. And your husband's case might depend on his past, does he have a criminal record? Usually, if a charge is not violent, most courts don't sentence first time offenders to a lot of jail time, but there is no way for anyone here to answer your question without knowing a lot more details. You should call you local county public defenders office and they might be able to tell you possible penalties for the crimes your husband is charged with. They might also be able to redirect you if they are not able to tell you. One way to check on penalties for crimes is to look them up on the internet under your state's government website. Sometimes, that can be confusing, so good luck with everything.
2006-10-10 22:16:31 · answer #5 · answered by kjmartin57 1 · 0⤊ 0⤋
Resisting or obstructing involves a defendant who physically interferes with the officer, actual physical interference is not necessary because case law instructs that an expressed threat of physical interference, absent actual physical interference, is sufficient to support a charge under the statute. And while an expressed threat of physical interference with an officer is sufficient to support a charge under the statute, such a threat is not necessary because this Court has held that a constant barrage of obscene and abusive remarks to an officer, taken together with the refusal to comply with the officer
2006-10-10 22:15:46 · answer #6 · answered by Jamil Ahmad G 3 · 0⤊ 0⤋
It is possible. If what he did was not too serious, serious would be like hitting a cop or pulling out a gun, then the time shouldn't be more than like a week or two. The probability of him NOT going to jail for at least a week is very slim. I wish you and your children the best of luck. May this pass smoothly.
2006-10-10 22:18:04 · answer #7 · answered by Michelle M 1 · 0⤊ 0⤋
he probably do some probation time if he doesnt have a prior record. if he does the best chances are that he will do time, but call a lawyer and ask him what he thinks of the situation and what are the chances of hin getting a good deal and if they are willing to exponge his record after all this. which is good, cause is not that good to have a record these now days. the best of luck to u.
2006-10-10 22:20:14 · answer #8 · answered by wildpantherxoxo 1 · 0⤊ 0⤋
If I were your husband, I would throw myself at the mercy of the court. These are some serious charges, and the judicial system can make things very rough on him, if they have a mind to do so.
2006-10-11 08:38:22 · answer #9 · answered by WC 7 · 0⤊ 0⤋
If he had acted in a civilized manner, he wouldn't be in trouble.
Being drunk or high is no excuse. Did someone hold him at gunpoint and make him swallow Jack Daniels & Coke?
You didn't give enough information to make a real informed opinion.
Get a good lawyer.
2006-10-10 22:16:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋