What to Expect in a Resisting Arrest Charge in Greenwich
After an individual is arrested for resisting arrest in Greenwich, they will be taken into custody and processed. Being processed entails getting that suspect’s information, taking their mug shot, their address, date of birth, Social Security number, and any identifying information about that person.
Law enforcement will then enter that information into their system so that they can report the arrest to the appropriate court and any other law enforcement authorities that need to be notified, depending on the type of arrest.
After an individual is arrested for resisting arrest in Greenwich, it is important that they consult with an experienced attorney as soon as possible. A knowledgeable lawyer will be able to help lessen or dismiss any penalties associated with your charge.
Setting a Court Date
Another thing that law enforcement will do after arresting an individual is set the individual’s court date. If the individual is not bonded out, then they will be held in custody until the next available court date, which would be the first day that the court is open for business after the arrest.
If the individual is arrested on a Thursday, they will be presented for arraignment on Friday. If arrested on a Saturday, then they will be presented for arraignment on the following Monday.
Determining a Bond Amount
Further, the amount of the bond can be anywhere from a promise to appear, so there is no bond and the person is released with a formal promise that they will appear in court on a particular court date that they set. The bond can be set anywhere from a couple hundred dollars to many thousands or more depending on the category of the crime.
When the bond is set, the individual can either bond out by posting the exact amount that is called for, or by getting a bondsman who will ensure the amount of the bond. The bondsman promises to pay that amount if the person does not appear in court, and the individual will have to pay the bondsman a percentage of the entire bond in order for the bondsman to do that.
Typically, the percentage is 10%, which is money that an individual will not get back from the bondsman. However, if a person or another individual puts up the bond amount in total, the person will get that entire amount back once the court proceedings have been completed.
Reading of Miranda Rights
An individual is not always read their Miranda rights after being arrested for resisting arrest in Greenwich. They should be read these rights, but they are not always explicitly explained. It does not negate whatever it is the suspect had done that led to the arrest, however, if certain evidence is gathered after the arrest has taken place, and there were no Miranda rights read, then the evidence may be excluded, meaning that the state would not be able to use it against the defendant or the suspect in a trial against that suspect because of the violation of the Miranda notice.
If law enforcement failed to read the Miranda notice after an individual is charged with resisting arrest, and then the officer asks the individual to explain what happened and they do, possibly incriminating themselves, the statement may not be used by the state since the officer failed to read those rights. The court may deem this as a violation of that defendant’s constitutional rights to be notified of their rights when being arrested.
Importance of Complying with the Officer
The important thing for a person to know following a resisting arrest charge in Greenwich is that when the officer has indicated to a person that they are being placed under arrest, it is important to comply with their commands at that moment. That is not the time to dispute or argue about whether the arrest was appropriate or whether the person violated any law or ordinance.
At that point, there is no likelihood that the officer is going to change their mind about the decision to arrest the person. The only thing that could happen is if a suspect starts resisting or making it difficult for the officer to place the person under arrest, they can be charged with interfering with an officer or resisting arrest.
Essentially, a person does not need to even be physically resisting the arrest to be charged. In other words, stopping the officer from putting the person’s arm behind their back, for example, can bring about the charge.
As long as the individual obstructs the officer or hinders the officer’s ability to execute the officer’s job, then that would and can be charged as an interfering with an officer in Greenwich. All that a person needs to do to be charged with interfering with an officer is obstruct, resist, hinder, or even endanger a peace officer in the performance of their duty.
It is important to stress that when a person is placed under arrest or the officer has indicated that the person is about to be placed under arrest that they comply. It is also important to not divulge any information because the person will not likely help their cause any bit at that point. Getting in touch with a lawyer as soon as possible gives the individuals the best chance and opportunity to successfully defend the charges against them.