Defendant Pulled Away from Police; Charged with Felony Resisting Arrest

Charge DISMISSED!

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.

Back to

Back to Case Results
Empower Yourself - GET TRUSTED DEFENSE Get Your Free Case Evaluation