A person can be charged with resisting arrest in Ohio if he forcefully resisted or interfered with an officer arresting someone else. The arrest must be legal – law enforcement can not just arrest a person because of a bad attitude. There must be probably cause and in a court of law the officer must prove that the arrest was in fact legal, that the person had knowledge that he was being arrested and the defendant did use force and acted recklessly. Sometimes, all it takes to prove that the defendant failed to obey any orders that law enforcement had given during the arrest.
Resisting arrest is a serious charge in Ohio. Resisting arrest charge carries the potential for serious legal consequences. A resisting arrest conviction can impact a defendant’s life for years to come, so the best thing to do is to contact a criminal defense attorney immediately. The charge is a very serious one–often involving allegations that the defendant assaulted or attempted to assault law enforcement. Depending on the facts, these types of charges are not often granted leniency by judges or prosecutors. On the other hand, defendants are not always fairly charged with resisting arrest by police officers.
An experienced criminal defense attorney can review the facts and circumstances of the arrest and the allegation that force–if any–was used during the arrest and the best strategy to defend the case will be made. The state must prove that there is guilt of the offense beyond reasonable doubt. Was law enforcement under cover? Was there actual resist or are the reports that were made exaggerated?
The Bottom Line: Even if the evidence against the defendant is rock solid, an aggressive criminal defense attorney can help to work out a plea bargain, or depending on the circumstances and where there is any prior records or not, will be able to get a dismissal in exchange for time served or community service. As always, the case should never be spoken about to anyone other than an attorney as any statement made to an officer or a third party can be used against the defendant and harm any future defense. Put my number in your phone, and call me. 513.260.2099
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