There are a lot of people who have strong feelings about some of the policies and attitudes taken by the current administration. This can cause them to make signs, attend rallies, and take to the streets. Sometimes when law enforcement tries to break up a demonstration innocent protesters are accused of resisting arrest NJ officers threaten them with.
You can be accused if you do not obey an officer's instructions exactly in the middle of a tense situation. If you are seen as a resistor, you can be arrested and jailed although what you did was not really unlawful. You need to understand that it is up to the prosecution to prove a case against you. They must prove that you understood the individual you had the conflict with was in fact a real police officer. The prosecution must prove the officer acted legally and your behavior was intentional.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If the charge is considered a felony, and you are convicted, you will face as much as three years in jail. If you were arrested in Louisiana, you could go to jail for ten years. There is a fine of up to ten thousand dollars attached to this conviction. You will have to check in with your parole officer once a month or once a week.
On the up side, it is hard to prove a charge of intentional resistance. You may present the argument the the officer used excessive force and you were forced to defend yourself against him. You might also make the argument that the officer had no right to arrest you since he had no authorization to do so.
You can argue that the report is not factual. You have to be careful if this is your defense because it probably won't help your case to openly accuse the officer of lying. Instead you should argue that the report doesn't reflect the incident as you experienced it.
Another argument is you did not pose any real threat or potential harm. Yelling at a police officer or running away, without actually doing any harm, can be a valid argument. Whatever your defense, it takes a good lawyer, on your side, to argue it.
You can be accused if you do not obey an officer's instructions exactly in the middle of a tense situation. If you are seen as a resistor, you can be arrested and jailed although what you did was not really unlawful. You need to understand that it is up to the prosecution to prove a case against you. They must prove that you understood the individual you had the conflict with was in fact a real police officer. The prosecution must prove the officer acted legally and your behavior was intentional.
Passive resistance is the most common way protesters demonstrate their opposition in public. They may sit, lay, and go limp whenever a police officer attempts to remove them from the area. A few will struggle or fight with law enforcement attempting to detain them. Giving bogus information or a fake name when an officer is trying to verify your identity and whether you have a legal right to be in a particular area can get you into trouble.
Breaking this law has serious consequences. If you are convicted on a misdemeanor charge you could be looking at a year in jail and up to four thousand dollars in fines depending on where you live. You might be going to a probation officer for as much as five years and be required not to commit the same offense during that time.
If the charge is considered a felony, and you are convicted, you will face as much as three years in jail. If you were arrested in Louisiana, you could go to jail for ten years. There is a fine of up to ten thousand dollars attached to this conviction. You will have to check in with your parole officer once a month or once a week.
On the up side, it is hard to prove a charge of intentional resistance. You may present the argument the the officer used excessive force and you were forced to defend yourself against him. You might also make the argument that the officer had no right to arrest you since he had no authorization to do so.
You can argue that the report is not factual. You have to be careful if this is your defense because it probably won't help your case to openly accuse the officer of lying. Instead you should argue that the report doesn't reflect the incident as you experienced it.
Another argument is you did not pose any real threat or potential harm. Yelling at a police officer or running away, without actually doing any harm, can be a valid argument. Whatever your defense, it takes a good lawyer, on your side, to argue it.
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