When a police officer instructs you to get out of the car so he can arrest you, there are easy ways for you to exit the car. And ‘harder’ ways to do it, too. You cannot legally resist an arrest. Even if the arrest itself would be improper or something that you should not be arrested for, do no resist the order. If you resist the arrest, the police can use alternative ways to get you to comply, and none of them are pretty. Even if the original charge for which you were arrested gets dismissed, you can still be convicted of resisting the arrest. If you chose to resist arrest (just pulling your hand away when the officer reaches towards you to put the handcuffs on is sufficient to support this type of charge), you can be charged with this type of crime, and with any other offense that your conduct supports (like assault on the police officer when you swat his hand away from you.) Don’t make a bad situation worse. Comply with the police, but remain silent. Do not give them anything more than what they feel they have on you already. Then contact a criminal lawyer. If your Miranda rights were not read, you’re in good position to defend against some if not all charges. If you comply and they say otherwise, the camera the arresting officer wears can be your best friend. Contact a lawyer at your first chance to discuss the options you have.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102