my friend was driving his car and he supposedly didn't turn his turn signal on while turning so they followed him 3 blocks away and when he got out the car to go in he house they called him over and he refused they got out the car and they pulled him over to the car and tried to handcuff him and he resisted. his charges are traffic violations but he was also charged with resisting arrest and OBS GOVT ADMN 2, what ever that means. will he get jail time?
2007-03-06 13:13:17 · 20 answers · asked by ProudMommy05 2 in Politics & Government ➔ Law Enforcement & Police
lol no i believe the main reason for pulling him over was dwb driving while black. he had his busted escort for 3 years and never once got pulled over he just got a new car 9 days ago and has been pulled over 4 times. i was there and thats why he resisted he was sick and tired of getting harassed. it's in central new york
2007-03-07 00:16:30 · update #1
You need to identify what state this was in. In some states there is a difference in resisting arrest for a felony or a misdemeanor. It also matters if it is with or without violence. In my experience some level of resistance is considered a normal reaction. where I worked it was something that was made as a "Throw-away Charge." That just meant we charged it with the intention of letting them plead it away in return to get them for the charges we wanted to.
2007-03-06 14:07:13 · answer #1 · answered by Pooky Bear the Sensitive 5 · 0⤊ 1⤋
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2016-06-04 04:30:25 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It is most likely.
It doesn't sound fair and a good lawyer might be able to get it bounced, but if a police officer identifies himself and calls a suspect over then if that suspect refuses it is technically resisting.
If the car was marked and the officers were in uniform then legally that is sufficient enough to identify the occupants of the car as police officers.
However, the case you describe sounds excessive. Often when the police don't think they can make a good case they will pile on additional charges in the hope that one of them will stick.
If your friend's only offense was failing to signal properly before making a turn then that should only be worth a ticket and not jail time. However, it depends on the situation and if the police can prove that he was a danger to the public then they can make the arrest stick, which is why they charged him with resisting arrest.
Either the police were being excessive or they thought they could find something incriminating on your friend. Or it could be a simple case of police harassment, which is difficult to prove, but it is illegal.
I suggest you talk with a lawyer:
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2007-03-06 13:26:20 · answer #3 · answered by Dan S 7 · 1⤊ 0⤋
You may, yes. It depends upon the circumstances of the situation. This is a misdemeanor, meaning that the person will not qualify for a jury trial. Instead, the judge hears the case and imposes the sentence.
In 100% of the cases, the judge will take the policeman's word over yours. The judge may also decide if the sentences for the several "crimes" a person has commited will run concurrently or consecutively. So it is possible that you may get more that 1 year in the county jail based on misdemeanors alone.
Good luck.
2007-03-06 13:25:08 · answer #4 · answered by m_skokin 3 · 1⤊ 0⤋
Obstructing Governmental Administration 2nd Degree and Resisting Arrest Can be plead down to Disorderly Conduct As long as the Police Officers were not hurt. Sounds like he did a lot more than Failure to Signal his turn. I think he may be telling only half the real story.
2007-03-07 00:07:26 · answer #5 · answered by Tom M 3 · 0⤊ 0⤋
This answer depends on what the Judge believes, and whether your friend has relayed all of the facts to you. You are permitted, by law, to resist an unlawful arrest.
Your friend's best hopes, though, are with a seasoned defense attorney. Have them retain one with all due speed. If they cannot afford one, have them apply immediately to the Public Defender's Office - sometimes they get backlogged and cannot appoint an attorney in time for the arraignment.
Good luck!
2007-03-06 13:20:35 · answer #6 · answered by Rob B, of MD 4 · 1⤊ 0⤋
Yes. When a police officer tells you to "come over here", you are supposed to do it. When they have to come and get you and you fight, it is resisting arrest...they can also charge him with assault on an officer and a lot of other charges.
He should have just done as he was told.
He is in big trouble - that could have been avoided if he wasn't acting like such an idiot.
2007-03-06 13:39:14 · answer #7 · answered by Anonymous · 1⤊ 0⤋
in all honesty he'll probably get some jail time for resisting arrest. the police will call it attempt to allude an officer. He will have to speak to the judge and tell the judge his side of the story. it wont hurt to get an attorney.
2007-03-06 13:22:24 · answer #8 · answered by Heather Michelle 2 · 0⤊ 1⤋
His prior record will determine how much time he gets. If he has absolutely no prior history, he may get 30-60 days. If he has a more extensive record he'll do more time.
2007-03-06 13:17:40 · answer #9 · answered by Anonymous · 0⤊ 1⤋
yea, saw to many police videos on court tv. They say your under arrest for resistance of police. He wont get it for long though
2007-03-06 13:16:03 · answer #10 · answered by Anonymous · 0⤊ 1⤋