Ok first off all I have been on probation for almost a year now. I havent had any violations at all. The other day I was out drinking with the guys and before you know it arguments flared with another party. So the cops came out and wanted us to break up and go seperate ways I had blacked out at this time. The next morning I wake up in the hospital with stitches on my lip and a notice to appear in court for resisting arrest. Though here is the the thing I have no other charges to go with it that even says why I would of been arrested. I am not a lawyer but if they charge you with resiting arrest there should be another charge that goes with it right. If so can and will they actually convict me of this and if so will it violate my probation. I talked to my P.O. about it and she said that its up to the state to pick up the violation or not. I need some help in dealing with this has anyone ever heard of such a thing and if yes what was the outcome. Thank you for all the input.
2007-08-28 09:47:57 · 5 answers · asked by Driving-on-E 1 in Politics & Government ➔ Law Enforcement & Police
Ok, you were out drinking, that was your 1st mistake, 2nd you say you blacked out. So the charge of resisting arrest could have gone this way, The officer on trying to calm the disturbance noted you were drunk in public which is a chargeable offence. he attempted to take you in to sleep it off you resisted( pulled away, or walked away, or swore at the officer and told them no, your actions could have been minimal but still resisting of the officers advances to restrain you ) this is resisting an officer under the color of authority discharging his or her duty to take you in to custody.
You may have been the reason that you fell down and busted yor lip in the process of resisting the officer. You say you woke up in the Hospital, therefore I believe that the arresting officer gave you a break, by not getting you medical attention by a medic on scene and taking you to the drunk tank where you would have been in custody. He gave you a notice to appear, so he/she did not run a check on you for priors. I can assure you if that had been the case you would be in custody now.
Get an attorney if you can , and go to cort with a contrite heart. Get a copy of the officers police report to find out exactly what happend ( they have to provide you with one) if not then seek to question the officer with a public defender or an attorney. Maybe your PO can help you but I doubt they will.
My best advice to you is if you have to drink do it at home, but better still leave the drink alone, if you need it, your an alcoholic and you need help to overcome it. You are responsible for your actions. You had an idea what would happen when you went out when you were sober right?
Trust me I know you did, you know your friends, you know how much you can drink without passing out. My personal opinion of anyone that drinks that much, has a problem. Take your medicine and try to get straight you will be glad you did.
Respect
al 4 now B
2007-08-28 10:06:01 · answer #1 · answered by ImJstBob 4 · 3⤊ 0⤋
Can your friends tell you what happened?
You could have been dumb enough to swing at a cop, get knocked out, and then the cop was feeling sorry for you and wrote it up as resisting arrest. Or you could have done nothing at all but be in the wrong place, tell an officer 'fine, it's over, I'm leaving', and then he say's 'no, wait here, I'm not done with you' and you left anyway. Without knowing the story, I couldn't even tell you whether to get a lawyer to fight the charge, or if you should just apologize to the officer, go to court, and hope they give you mercy. Ask whoever else was there if you don't know what happened.
2007-08-28 17:13:16 · answer #2 · answered by wayfaroutthere 7 · 1⤊ 0⤋
Nope. Resisting arrest is a charge unto itself. There does not need to be another charge associated with it.
Here is a common example:
Cop approaches someone and attempts to ask them a question about an incident.
Perp runs
Cop gives chase, catches perp and perp fights back.
I know a guy that got arrested for resisting arrest when a cop stopped to ask him directions.
2007-08-28 16:51:43 · answer #3 · answered by davidmi711 7 · 2⤊ 0⤋
resisting arrest could just mean that you ran when they yelled at you to stop. they may have not charged you with anything if you had complied, but as soon as you disobeyed the officer's request that in itself became the charge.
just go to your trial date and talk to them NICELY... if you blacked out i'm sure they could get you with disorderly conduct or some other charges if you aren't careful
2007-08-28 16:55:50 · answer #4 · answered by Anonymous · 2⤊ 0⤋
guess you'll be wearing orange again........
2007-08-28 16:53:48 · answer #5 · answered by Anonymous · 1⤊ 0⤋