(07-14-2021, 01:21 PM)TrumpCard Wrote: I’ve known a lot of people who’ve done stupid stuff. Heck, I’ve represented some of those people in related civil cases. To my knowledge, I don’t know *anyone* who’s been charged with resisting arrest. It ain’t that common.
Definitions:
California Penal Code 148 PC broadly defines resisting arrest as willfully resisting, delaying or obstructing law enforcement officers or emergency medical technicians in the performance of their official duties. This offense is a misdemeanor punishable by up to one year in county jail and fines of up to $1000.00.
148a1 PC states that “every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician…in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.”
- Struggling with police officers as they try to apply handcuffs
- Taunting an EMT as he tries to provide medical assistance to a victim
- Giving a false name to the authorities during questioning
There are several that a person can raise if accused of a crime under Penal Code 148. These include showing that the defendant:
- did not act willfully,
- was [url=https://www.shouselaw.com/ca/defense/falsely-accused/]falsely accused
(07-14-2021, 01:22 PM)JustAnotherFan Wrote: [twitter] https://twitter.com/AdamSchefter/status/...2063114244 [/twitter]
Sounds like an argument where he wouldn't leave his own home. While it should be taken seriously, I imagine that this will all go away in short order. The hit and run doesn't involve another vehicle.
(07-14-2021, 01:21 PM)TrumpCard Wrote: I’ve known a lot of people who’ve done stupid stuff. Heck, I’ve represented some of those people in related civil cases. To my knowledge, I don’t know *anyone* who’s been charged with resisting arrest. It ain’t that common.
LOL, I've been charged with resisting arrest multiple times. I didn't do anything stupid, I just stood up to thug cops. Well, I guess that can be stupid in a society where cops have broad latitude to violate people's rights. But it's not illegal.
I grew up in a neighborhood that could be very charitably described as white trash. None of us had good relationships with police officers. My mother definitely didn't tell us to ask police officers for help if we needed it. Instead, she told us to treat them as if they were crazy people with guns. Probably sound advice if you don't want to get shot.
Audaces fortuna iuvat
