Role of an Attorney in a Westport Resisting Arrest Case
The primary role of an attorney in a Westport resisting arrest case is to ensure your rights are respected while also advocating for a case outcome that serves your best interests.
What Are Some Of The Potential Consequences of Resisting Arrest?
Under Connecticut General Statutes §53a-167a, the crime of interfering with an officer entails any action a person takes that “obstructs, resists, hinders, or endangers any peace officer,” an unfortunately broad definition of what should be an easily identifiable offense. Many actions could lead to your arrest, and because often it is your word against the officer’s, this can be a hard crime to defend against.
What Are The Penalties For Resisting Arrest?
This offense is a class A misdemeanor under most circumstances, meaning that it could result in punishments of up to one year in jail and a $2,000 fine upon conviction. Unfortunately, this offense is often accompanied by additional charges for offenses such as breach of the peace and assault of a police officer, resulting in significantly higher potential penalties.
Regardless of whether additional charges are tacked onto a charge for resisting arrest, one of the most important roles a Westport attorney could play in this type of case—beyond advocating for a defendant’s innocence—is pursuing more lenient sentencing for someone convicted of this offense. Since judiciary officials usually side with police officers in these kinds of situations, unrepresented defendants often receive the maximum available penalties upon conviction for this offense even if they have no prior criminal record.
What Evidence Needs To Be Preserved When Fighting a Case?
In addition to serving as a defendant’s advocate and ally in court, another important role that a Westport attorney could play during a resisting arrest case has to do with preservation of evidence. In many cases, the only way to effectively counter the testimony of a police officer in court is with audio or video recordings that contradict their statement.
However, this kind of evidence does not last forever on its own. Unless a legal representative files a motion to preserve security camera footage and/or recordings from police body or dashboard cameras, crucial evidence may be erased, recorded over, or otherwise become unavailable to a defendant, meaning their only means of defending themselves would be their word against that of multiple police officers.
Westport Attorneys Play Crucial Roles in Resisting Arrest Cases
Contesting a resisting arrest charge is difficult under any circumstances, especially if there is little concrete evidence to dispute the testimony provided by overzealous police officers. Our reviews on avvo.com speak for themselves, a lawyer can help you understand your rights and help you achieve a positive outcome. Call today to learn more.