Former Michigan Prosecutor | Jonathan Andrew Paul
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Ann Arbor | Resisting Arrest | Hiring an Attorney | Felony | Going to Jail

9/27/2013

 
As an Ann Arbor criminal law attorney, I see a lot of people charged with Resisting Arrest.  Resisting Arrest in Ann Arbor is defined as "an individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties".  Resisting arrest in Michigan is a felony that carries a penalty of two years in person.

Now what's all this legal nonsense all about, what exactly is Resisting Arrest? It pretty much means if you give the police officers a hard time and physically don't obey orders or do something to them, you could very well be charged with this serious crime.  This could mean refusing to be handcuffed, taking a swing at a cop, pushing a police officer, or doing something to a police officer that puts them in danger.  A lot of police officers will give some leeway in what they allow the person under arrest to do; they realize many of these people are drunk and angry about the situation.  Occasionally I'll see a resisting arrest charged in some ridiculous situations in Ann Arbor, where I wish the police officer gave the person a little more leeway in their actions.  

Most resisting arrest charges in Ann Arbor come from a person running away from the police, refusing after numerous orders to be handcuffed or most commonly, the person takes a swing or pushes the police officer. The prosecutor's office takes these cases very seriously, because they are partners with the police, and have a close relationship in order for both entities to exist.  If you find yourself faced with resisting arrest charges in Michigan, you need to speak to an experienced criminal attorney immediately, because your rights need to be protected, and you need to know your options.  Unless you have a lengthy criminal history or your alleged actions were so egregiousness, you may have the option of not having a felony on your record for the rest of your life.

As a former Michigan and New York prosecutor, I've handled hundreds of these types of cases, and I have a pretty good idea of what the prosecutor is looking to do on these cases.  The negotiations for these types of cases are sensitive, and I like to be able to speak to the actual officer who claims they were assaulted or their commanded not obeyed.  I can usually have a good conversation with them, and provide some context or reason for my client's behavior.  In the end, does the police officer really want someone to have a serious felony on their record?  If you're charged with this crime, give me a call 24/7, and I would happy to look at your case, and explore your options.  If you're a student at the University of Michigan, I would be happy to arrange to meet on campus in-between classes to discuss your case.  

Do not plead guilty to Resisting Arrest in Michigan without talking to a criminal lawyer first! It could quite possibly ruin the rest of your life.   Call me 24/7 at 248-924-9458.

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Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor