The men in blue tell you you’re under arrest. They grab one wrist and wrench your arm behind your back. Suddenly the muscles in your shoulder feel like they are going to rip from your frame like a piece of string cheese. Instinctively, you flinch your arm and wince in pain. Or, when told you’re under arrest you turn and begin to ask “why?” And “what for?” No time for explanation! Now you are officially resisting arrest! Momentarily you will be placed into an “arm bar,” “escorted” to the ground, subjected to “hand maneuvers” and given a “short” blast of OC spray. After your pummeling you will be charged with a misdemeanor and face up to a year in jail to boot.
The law says you are guilty of a misdemeanor when you knowingly or purposely physically interfere with a person recognized to be a law enforcement official who is seeking to arrest or detain you.
Sadly, Mark and I are frequently forced to litigate these cases. However, these cases make for the best jury trials! Often we represent clients who do nothing more than described above. Taken by surprise, clients flinch when the cuffs are applied. What may seem like a logical question, “why are you trying to place me into captivity?” is often seen as a threat and an act of defiance by the law enforcement official.
Give us a call or shoot us an email. We are happy to sit down and talk to you about your case. Unlike some lawyers, we charge nothing for a consultation.
Office number: 603-595-5525