February 2019

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What Should I Know About Resisting Arrest?

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Criminal Defense Attorney

When a law enforcement officer informs an individual that they are under arrest, a primal biological response tends to take place. Unless the individual under arrest had sincerely anticipated that action, the process of being arrested usually comes as a stressful shock. As a result, the body tends to react by engaging its “fight or flight” mechanism. This is a normal response to fear and stress. Unfortunately, neither fighting with nor fleeing from law enforcement is generally ever a good option.

While it may be tempting to resist arrest, doing so may actually land you in far more trouble than you might otherwise find yourself in. Depending on the circumstances of your resistance, you could end up hurt and/or face formal charges related to resisting arrest. Whether you are innocent or guilty, it is generally a good idea to avoid resisting arrest.

Once you have followed the instructions of the law enforcement officers tasked with taking you into custody, you can then generally avail yourself of your Miranda rights and wait to answer questions until your attorney arrives. At that point, your attorney can begin utilizing legal strategies designed to help ensure that the process you are engaged in is fair. Allowing an attorney to advocate on your behalf is almost always preferable to resisting arrest because this option is generally the most surefire way to safeguard your rights, maintain your physical safety and preserve legal options related to a potentially successful criminal defense.

When Someone Resists Arrest

Resisting arrest is usually treated as a misdemeanor offense. Practically speaking, this means that convicted offenders usually face penalties less severe than a full year’s imprisonment. Nevertheless, consequences related to a resisting arrest offense can be wide-ranging and long-lasting. Steep fines, temporary jail time, time-intensive community service requirements, etc. can impact an individual’s life in significant ways. So, if you have already been charged with resisting arrest, it is important to speak with an attorney about the possibility of mitigating the consequences you may potentially face if convicted.

It is also worth noting that if you have resisted arrest and were harmed in the aftermath, you may be able to pursue a case related to unreasonable force exercised by the arresting officers. The possibility of filing a successful excessive force case will depend on the unique circumstances surrounding your arrest.

Legal Guidance Is Available

If you have questions about the process of being arrested or have recently been arrested, please do not wait to contact an experienced criminal defense lawyer Bangor, ME offers. Oftentimes, obtaining knowledgeable legal guidance early can make a significant difference to the outcome of a case. A resisting arrest conviction can result in significant legal and practical consequences. So please seek any legal support you may require at this time. Depending on the circumstances surrounding your case, you may be able to work with your attorney to get the charges against you dropped or to mitigate the severity of the situation in any number of ways.

Thank you to our friends and contributors at David Bate Law for their insight into criminal defense and resisting arrest.

Have You Been Contacted By Police?

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Decatur Criminal Defense Lawyer

So a police officer contacts you asking you to report to the police station for questioning. You have been accused of a crime and they are trying to speak with you in more detail. If you happen to be contacted by the police in relation to a criminal charge, do not speak. Make them aware that you do have an attorney, even if you do not. Then seek one.  Even if an officer provides a business card to you without arresting you, have your attorney call on your behalf. It is likely that they are already building up a case against and anything you say may be used for bad against you. Even in the event that you have not been accused of a crime, point them to the direction of your legal representation.

The same would go for any law enforcement that reaches out to you. It is likely that they have evidence against you already and are building a case up against you and are trying to have you incriminate yourself. Do not neglect your sixth amendment right to an attorney. Many times the calls are recorded and will be used against you in some degree. While knowing this may be very upsetting, do not think this illegal, the detective or officer is able to record this conversation. However, your lack of knowledge regarding the law can leave you astray; leave it to your attorney. The only person you should be in communication with regarding your criminal case is your attorney; the attorney will talk to everyone else and inform you otherwise. Remember that the entire objective of police contact with a suspect is to get the information they want, even if you are not the suspect of a crime. Do not believe the things they say, leave it to your attorney to believe.

It is understandable to have extreme nerves when contacted by law enforcement. However, you are always innocent until proven guilty and in many cases, if you are contacted by law enforcement they are not on your side. If you or someone you know has been contacted by a detective or police officer, whether or not you understand right you have a right to be defended. Contact a skilled Decatur criminal defense lawyer at Andrew R. Lynch, P.C. that will be able to speak on your behalf and give you a better understanding of the case you may have open with law enforcement.

Legal Defense for Extortion

Categories:

Decatur Criminal Lawyer

Nothing is more uncomfortable than knowing that someone is holding something that can determine your freedom or fate, over your head. Knowing that with the information that they have, they feel as though they can make idle or meaningful threats that may possibly risk your freedom or reputation. People do this for several reasons, money, envy, or just simply wanting something from you. Although you can be blackmailed with very incriminating information, you also have a right to seek legal counsel to help defend you and lessen your chances of jail time.

While the laws regarding blackmail or extortion may be different according to each state government, just so long as you can prove that the accused has made a threat willingly towards another person to gain money. There are several reasons someone may want to extort you. Maybe a long-term companion is not happy that you have gained success and they have not, knowing what they know, they may use this to take away from your success. Any type of disagreement with someone that knows you well enough to use information against you in the court of law or otherwise, can lead to an extortion or blackmail charge. Suppose you are the one facing the blackmail or extortion charge. With the right criminal defense attorney, you will be able to build a defense against the accuser. Even if the party accused of extortion is unable to gain finances or what it is that they desire, with proof that there was intent beyond a reasonable doubt, there are still opportunities for prosecution to file charges.

Neither being accused of extortion or blackmail, or being extorted or blackmailed is no fun. However, if you or someone you know is on the verge or currently battling an extortion charge, or blackmail charge, they are entitled to legal defense. If you or a loved one may be under investigation based on allegations made by another party in an attempt to force something out of you, hiring a knowledgeable criminal defense attorney can make all of the difference despite the validity of the accusations. You do not have to go through this battle alone, speak with a skilled Decatur criminal lawyer at Andrew R. Lynch, P.C. that will be able to defend you in a courtroom as soon as possible.