Police were called to the Defendant’s home over a noise complaint. During conversations with Police, the Officer became nervous because the Defendant kept fumbling in his pocket. The Defendant refused the Officer’s request to participate in a pat down search and the Police arrested him. The Defendant went to pull his arm away and the Officers charged him with felony Resisting Arrest with Violence.
RESULT: The State lowered the charge to a misdemeanor Resisting Arrest without Violence. The Defense Attorney filed a Motion to Dismiss the criminal charge against the Client. The Defense argued to the Court that the Client had every right to resist inasmuch as a crime did not occur. The State conceded that they could not prove the elements of a crime had taken place. The Court GRANTED the Defense’s Motion and DISMISSED the charge against the Client. The Client is now eligible to have his record expunged.