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Resisting Arrest at a Campground

Case Summary:
The defendant was charged with multiple counts of Resisting Arrest. The charges arose out of an incident where some individuals called to report that a minor argument had occurred between their group and the group the defendant was with. When law enforcement finally arrived the interaction had long been over but law enforcement continued to involve themselves. The incident had occurred at a campground during the night and in a poorly lit area. Upon making contact with the defendant the officers were immediately hostile and began issuing commands to the defendant. The defendant, at this point, was not even able to tell who it was that was issuing him commands. The officers asserted that the defendant failed to obey their commands and a physical struggle ensued. The defendant was arrested and charged for Resisting Arrest.


Attorney Comment:
"This case came to me after my client decided he was not comfortable with a public defender representing him any longer. In my opinion it was a weak case and the officers (both female) embellished/fabricated many of their assertions throughout the case. After reviewing the police reports and body cameras it became clear to me this was true. In short what happened is that when the officers (remember both female) saw my client walking towards them in the darkness they were frightened. My client was tall - well over 6'6". At this point they shined their flashlights into his face and immediately demanded that he get on the ground. My client, not knowing who they were or what was going on, did not immediately follow their commands. At this point the officer's narrative of what occurred was inconsistent with other 3rd parties' statements of what occurred. Additionally, the officers conveniently had not video recorded this part of the interaction even though everything else throughout the entire encounter had been video recorded. The officers tried to say my client was aggressive and hostile and came at them. However, my client denied this and other assertions made by the officers were refuted by 3rd party witnesses (some of those witnesses were the same people who had called the police in the first place). The truth was that these officers overreacted to the situation and began barking orders because they were unjustifiably scared. They shot at my client with their tasers long before it was appropriate to do so and because my client was afraid of two people yelling and firing weapons at him he fled.

This case would have been a good one to go to trial. However, after we had done our investigation the DA finally was willing to offer my client a plea bargain to include no jail time. My client opted to resolve the case to ensure he got no jail time rather than risk going to trial and losing and potentially being ordered to do a significant amount of jail time. I am pleased my client was pleased with the outcome but this is one of those cases where the outcome stings long after the case is over."

Del Norte County, California

Actual Case Summaries

Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.​

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Wednesday, 13 November 2019

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