Defending a Resisting Arrest Charge in Westport
Defending a resisting arrest charge in Westport can be a challenging prospect, especially if you do not seek assistance from a qualified resisting arrest lawyer. Without professional legal counsel by your side, you could have a hard time collecting and preserving evidence that might contest or disprove the account of the officer who detained you.
What Behavior Constitutes “Interfering” with a Peace Officer?
Under Connecticut General Statutes §53a-167a, interfering with a peace officer, also known as resisting arrest, covers a broad array of actions. Most of the time, people in Connecticut are charged with this offense based solely on an officer’s belief that they are obstructing, resisting, or endangering them in some way—which could entail anything from physically resisting detainment to simply failing to obey an unclear command. To learn more about the specifics of resisting arrest, click here.
Generally speaking, a person must have knowingly and intentionally obstructed someone they knew to be a police officer in order to be convicted for resisting arrest. Therefore, if you did not realize a plainclothes officer was not a civilian, you may have a defense. But be aware, proving that a defendant did not engage in obstructive conduct—or that they did not do so intentionally—is incredibly difficult in most cases, as courts will almost always believe the testimony of an arresting officer over the person they arrested. Effective defense strategies for Westport resisting arrest cases typically, therefore, center around documentary evidence that contradicts an arresting officer’s official report.
What Type of Evidence Is Needed in Resisting Arrest Cases?
One of the most important things a qualified attorney could do to help someone arrested for resisting arrest in Connecticut is file motions to preserve audio and video recordings of the incident in question. Whether it comes from a nearby security camera or from a police officer’s dashboard or body camera, visual evidence of what really happened can be crucial to mitigating a defendant’s chances of conviction.
It may also be important for a comprehensive Westport resisting arrest case defense to dig into the background of the officer who arrested the defendant. If an officer who claims someone resisted arrest has a history of excessive force, dishonest reporting, or other signs of misconduct, it may cast doubt on their assertion that a defendant significantly impeded their ability to perform official duties. Once retained, a resisting arrest lawyer could go over with an individual defendant what the best strategy might be for their particular situation.
Learn More About Resisting Arrest Case Defenses from a Westport Attorney
Defending a resisting arrest charge in Westport could be a lot easier with guidance and support from a qualified attorney. You can check out our certified avvo.com reviews at this link to learn more about how we have helped others in the past. To schedule a consultation and find out how legal counsel could help you, call today