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Legal Advice on Resisting
the Law
Any
jurisdiction has the right to arrest anyone who attempts to resist an
arrest. Under the law, if a person resists an arrest, the officers have a
degree of right to use force in the arrest of a suspect. Most states
prohibit using deadly force if a suspect tries to flee or resist arrest.
For the most part, if the officer(s) does not have a warrant, it may be
illegal to arrest, or else use force to halt the party being arrested.
If you are arrested,
the best advice you can get is to comply with the arresting officer and
take the legal steps to protect your rights further. Resisting an officer
or else using inappropriate conduct or derogatory language against an
officer will only make matters worse.
If you are innocent
of the crime you are accused of, it makes no sense to flee the officer or
resist arrest, since in the courtroom, the truth will often become
apparent, especially if it looks as if you have nothing to hide. If you
adhere to the arresting officer’s demands and
are innocent, once you have proven your innocence, you will be able to
seek some form of compensation, since you can sue the law for unlawful
arrests. This gives you the upper hand; however, if your resist, it could
penalize you even if you are innocent of the crime accused.
Again, if you are
arrested, first ask the officer to see the search warrant, or warrant
against you peacefully. Read the document carefully and then extend your
hands peacefully, so that the officer can cuff you and take you to the
station. Whether or not you are innocent of the charges, you should answer
any questions peacefully, unless the police officer is leading you or
threatening you–in which case, you should peacefully let the
officer know that you do not wish to continue the questioning at this
time.
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