It is one of the most common crimes in Utah. When most people hear about someone getting charged with resisting arrest in Salt Lake City, they immediately assume there has been some kind of physical struggle between the suspect and the police. But that is not always the case. In many instances, there is no form of violence at all. Under Utah law, any attempt to interfere with an arresting law enforcement officer can result in charges for resisting arresting. But what are the rights of the suspect? Knowing your rights can often make the difference between getting the charges dropped or spending time behind bars.
Avoid Arguing With Police Officers
Growing up, we have all heard the phrase, “Sticks and stones may break my bones, but names can never hurt me.” In real life, that is not always the case–especially when police are involved. Crime scenes can often get chaotic. It’s not uncommon for unpleasant words to get exchanged between arresting officers and suspect. Police officers have the discretion to arrest a person who they feel is obstructing or interfering with their work.
Resisting Arrest Suspects Are Often Innocent of Any Charges
A resisting arrest charge can happen to anyone–even if you are completely innocent of any wrongdoing. Here is an example. Person A is using a men’s public restroom. A few seconds later, Person B enters the restroom and begins smoking marijuana. After quickly taking a few puffs, Person B exits the restroom with the smell of marijuana in the air. Person A later leaves the restroom, but is approached by a police officer who smells the marijuana. The officer then starts questioning Person A, who denies smoking any marijuana. After more words are exchanged, Person A begins to get agitated. The officer then arrests Person A on charges of resisting arrest without violence.
A Salt Lake City Criminal Defense Attorney Can Help
It does not seem fair. Unfortunately, the scenario above happens far too often. In a case of misunderstanding, tempers can flare. In some cases, officers have been known to bate suspects into arguments, making the situation worse for the suspect. Under Utah law, the charges against Person A should be dropped. The officer can only make an arrest if it is “lawful”. If the person was charged with possession of marijuana, it would make the arrest “unlawful”. Thus, the resisting arrest charges should also be dropped.
If a person is charged with resisting arrest in Utah, it is vital to seek representation from an experienced Salt Lake City criminal defense attorney with a track record of protecting the rights of each client and looking out for their best interests.
Contact the Salt Lake City Resisting Arrest Attorneys at White & Matern, PLLC For a Free Initial Consultation
A resisting arrest charge can be permanent stain on a person’s record. It can affect their ability to get job or a loan. It is important to fight these charges as immediately. The Salt Lake City criminal defense attorney at Law Offices of White & Matern, PLLC utilize an aggressive and comprehensive approach to help place each client in the best position to succeed. To learn more on how they can help, contact their Salt Lake City law office today and schedule a free initial consultation.