Ocean City MD Resisting Arrest Lawyer
Resisting arrest is an offense which is frequently charged in the Ocean City area. It often charged along with numerous other charges including assault, disorderly conduct, and many others. Resisting arrest is a subjective crime and most trials will heavily involve the cops as it’s their word against your word. It is important to explore all video evidence and interview all those bystanders that witnessed the event.
In order for the prosecutor to prove the crime of resisting arrest he or she must prove a few separate elements. First, the state must prove that there was a lawful arrest of the defendant. A lawyer will typically argue that the police officer did not conduct a lawful arrest. Sometimes a motion to dismiss may hinge on this element. The state must also prove that the defendant refused to submit to the arrest. This is where the subjective issue arises as some resisting arrest cases involve small issues of pulling away or slight body movements while being handcuffed.
The state’s attorney must also prove that the police officer was in a lawful execution of his or her duties. This element is similar to the lawful arrest element, but requires that the officer has not broken any laws or violated any of the defendant’s constitutional rights. Finally, the state must prove that the police officer had identified him or herself as an officer before the arrest occurred. Several recent Appeals court cases outline that the resist must not just be a flight from arrest, but involve some force or act of resisting. In Ocean City, numerous bar fights often involve people exchanging blows while the police come upon the scene to terminate the altercation. Attorney Clark will review your recollection of the event, speak to any witnesses and determine who you thought was a police officer or was a combatant if an altercation occurred quickly.