Resisting arrest is one of those strange charges that people often think is unfair, in large part because it’s a discretionary charge that can make the police appear inconsistent.
What is Resisting Arrest?
If you think that bolting and running when the police pull out the handcuffs and start reciting the Miranda Rights is an example of resisting arrest, you’re absolutely right. What you might not know is that there are other, far more subtle, things you can do that could result in you being charged with resisting arrest.
Different things the police can consider to be grounds for a resisting arrest charge include:
Refusing to put your hands behind your back when they’re ready to cuff you
Providing false information that’s designed to conceal your identity when you’re questioned by the police:
- Going limp when the police officers ask you to get into the car
- Pretending you don’t hear a request made by a police officer
- Getting into a verbal or physical argument with the officer when they’re preparing to arrest you
- Shutting the door in a police officer’s face when they’re attempting to arrest/question you
Basically, if a police officer feels that you’ve done something that makes their job more difficult, they can decide to charge you with resisting arrest.
Can You Still be Charged with Resisting Arrest After the Original Charges are Dropped?
One of the strange things about resisting arrest charges is that they don’t depend on additional charges. A resisting arrest charge is completely separate from whatever the original charge/crime that originally directed the police’s attention to you. This means that even if all of the other charges are dropped, you can still be charged with resisting arrest.