Can a cop arrest me for evading arrest when I never resisited? 36 Answers as of November 30, 2011

A cop arrested me because when he pulled a car over, I did not stop when he yelled stop right there. I had no idea he was even talking to me. I allowed him to put on my handcuffs and I waited until he ran my information and took me in. I never fought back resisted are anything when he arrested me. How could he say that I evaded arrest? Also can if I'm found not guilty can I use false imprisonment?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Whether a person will be convicted depends ultimately on the presented facts. Anyone charged with a criminal offense is presumed innocent until proven guilty beyond a reasonable doubt. The prosecutor must prove those allegations beyond a reasonable doubt. Simply because a person is charged does not mean that they will ultimately be convicted of anything. Resisting and obstructing is a "general intent crime" meaning a jury or judge could infer, based on the presented evidence, whether a person had the intent to resist arrest. If a person is wrongly convicted or wrongly charged, they may, in certain situations, be able to file a civil claim. However, there are significant obstacles for people pursuing these types of claims. It's basically a civil rights claim and they are usually adjudicated in federal court. Further, there may be administrative remedies a person could pursue against an individual officer through the local police department's procedures if the police officer engaged in misconduct.
Answer Applies to: Michigan
Replied: 11/30/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Yes he can arrest you. If you try the case you should win if what you said is proven.
Answer Applies to: Texas
Replied: 11/29/2011
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
I don't know enough about the facts of your case. There must be more to it than what you say. If you are found not guilty, can you sue for false imprisonment? If there was probable cause for the arrest, then the answer is "no". You need to consult with an attorney in your area.
Answer Applies to: Washington
Replied: 11/23/2011
Law office of Robert D. Scott | Robert Scott
You can be arrested for evading a police officer, however the burden is on the state to prove beyond a reasonable doubt that you knew or should have known that the officer was giving a lawful order to stop your vehicle. If you are found not guilty you may have a claim for False Arrest and Imprisonment against the state.
Answer Applies to: Maryland
Replied: 11/23/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
You need to consult with an attorney that can review the police report with you. There may be a good defense to the charge, however, that can only be determined when all the facts are known.
Answer Applies to: Michigan
Replied: 11/23/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Resisting and Evading are two completely different crimes. Evading in a vehicle is a felony and various serious. You need to hire an experienced lawyer in your area.
    Answer Applies to: Texas
    Replied: 11/21/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Clearly the evading charge is based on your driving away when he told yo to stop. Your belief that he was not talking to you when you heard him yell stop may be used as a possible defense.
    Answer Applies to: New Jersey
    Replied: 11/21/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    If an officer tried to pull you over and you did not stop, you could be guilty of a traffic offense that requires you to stop when an officer orders you to do so. You should contact a lawyer.
    Answer Applies to: Maryland
    Replied: 11/21/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If he was ordering you to stop you can be charged. Whether or not you are convicted would be based on whether it was reasonable or not to think you were arrest and whether or not you should have known he was speaking to you. If you should be found guilty you cannot argue that the police falsely imprisoned you.
    Answer Applies to: Minnesota
    Replied: 11/21/2011
    The Law Office of Marc G. Snyder | Marc Gregory Snyder
    From the information you provided, the police officer did not charge you for resisting arrest. He charged you for not stopping when he ordered you to. Whether you heard him or not or thought he was talking to you can be brought up at trial. But from your question, at least from the officer's point of view, he asked you to stop and you kept going. That is evading.
    Answer Applies to: Maryland
    Replied: 11/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You may get well be innocent. And, you may have a claims for false arrest, false imprisonment and malicious prosecution. But, there are issues.
    Answer Applies to: New York
    Replied: 11/21/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    The burden of proof for any crime alleged is on the state. It will be up to the prosecution to prove you evaded arrest. You should retain an attorney as soon as possible as the attorney can negotiate with the prosecutor to drop charges if the evidence suggests there was no crime.
    Answer Applies to: Arkansas
    Replied: 11/21/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you do not allow the police to arrest you, or fight with them, or do not let them handcuff you then you are guilty of resisting arrest, unless they do not have probable cause to arrest you in the first place. You should retain a good criminal attorney to get the charges dismissed or you will have a criminal conviction. The police can't prove that you heard their command to pull over and you will win the case.
    Answer Applies to: New York
    Replied: 11/21/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Sounds like you will win and then you can sue but I doubt you will get much in the way of damages.
    Answer Applies to: California
    Replied: 11/19/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    The answer to your last question is definitely not. As far as "evading" arrest, I think you mean "resisting" arrest. That is a class 'A' misdemeanor if you prevent a police officer from arresting you or a third person. This includes fleeing because that is an attempt to resist arrest. If you thought he wasn't talking to you, that may be your defense.
    Answer Applies to: New York
    Replied: 11/19/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are not charged with resisting arrest which is a charge unto itself. I presume that you did not stop when the officer told you to but kept on driving and that the officer is charging you because you did not stop per his order. Not knowing all the facts, I cannot give you an answer as to whether you were properly charged or not. If you had a witness with you, you stand a better chance of prevailing at trial. As for a suit for unlawful arrest, it is your word versus an officer. I would imagine the court would side with the officer and you will not prevail in a suit against the police.
    Answer Applies to: Illinois
    Replied: 11/19/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The cop can because he did. The question is can you be convicted. That depends on a lot of facts.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Yes, evading is different than resisting. Evading is when you fail to stop when called upon to stop by a police officer. A police officer can stop you with lights, siren, or lawful orders such as "stop right there." You also have to look at city ordinances, and see if you are charged under a city ordinances and see if you violated the language of the ordinance. All depends on the facts. The officer must have 'reasonable suspicion' of a crime to stop you. In either case, you should consult a lawyer or public defender.
    Answer Applies to: Wyoming
    Replied: 11/18/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You can be arrested for just about anything these days but to be convicted it must be shown that you knew he wanted you to pull over and you took actions to avoid being stopped.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Resisting & Obstructing is perhaps the most abused statute that there is. Technically, if you fail to do what a police officer tells you to do or if you do not react quick enough, they can and usually will charge you with R&O which is a felony. You may have a defense such as you didn't see the lights or hear the siren or hear any commands, otherwise you would have obeyed. How to proceed with the case should be thoroughly discussed between you and your lawyer after carefully evaluating all the options.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be arrested for almost anything, whether you did it or not. Only the court can determine if you are guilty or not.
    Answer Applies to: Alabama
    Replied: 11/18/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Being arrested and charged is one thing , but be convicted is another. Need to hire an experienced criminal defense trial attorney to proceed with efforts to have your case dismissed.
    Answer Applies to: California
    Replied: 11/18/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No idea what he arrested you for. If you go to trial on an armed robbery, and you are found guilty, you will spend the next ten years in prison. If you are found not guilty, what sane attorney is going to spend time without you fronting the money to sue the police officer.The answer to your question is: YES, you can sue if found nto guilty of the underlying charge that led to the police stopping you, IF you can locate an attorney to take the case, and/or can pay the experienced attorney an upfront fee. Good luck.
    Answer Applies to: Georgia
    Replied: 11/18/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    From the facts you related it sounds like the police officer charged you with resisting arrest because you did not stop when he said to stop. If that is the case the police officer is stretching the meaning of the statute; you should win. Fight the case. You might be responsible for resisting arrest if you caused the police officer to chase you. That did not happen in your case. There is no resisting arrest in Massachusetts.
    Answer Applies to: Massachusetts
    Replied: 11/18/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    He can charge you, but it sounds like you have a possible defense. I would recommend that you hire a good attorney to fight the case. If you are found not guilty, it does not necessarily mean that you will be able to turn-around and sue the police officer involved.
    Answer Applies to: Utah
    Replied: 11/18/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A police officer can arrest you and he can choose to charge you for any offense he chooses. The more important question is, can the state prove the case charged? False Imprisonment might be a possible civil suit if the officer acted maliciously.
    Answer Applies to: Minnesota
    Replied: 11/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Evading arrest and resisitng arrest are apples and oranges. The fact that you did not resist is irrelevant in a evading case.
    Answer Applies to: California
    Replied: 11/18/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    To be convicted of evading, the prosecutor will need to show that you attempted to flee with the specific intent of avoiding arrest. The fact that you did not physically resist is immaterial (it's not an element of the crime, so it makes no difference at all). I have no idea what the cop wrote in his reports or what he would testify to if called as a witness, so it's hard to predict how strong of a case they have against you. Why do you feel like you were falsely imprisoned?
    Answer Applies to: California
    Replied: 11/18/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Not stopping at the time a law enforcement officer indicates that you should is evading arrest. It is up to the discretion of the officer on how long he has to follow you after he intended his stop to decide if you stopped before you evaded. It would be up to the DA to decide if the arrest should be filed on and up to the jury to decide if his assessment is valid.
    Answer Applies to: California
    Replied: 11/18/2011
    Ascheman & Smith | Landon Ascheman
    It is very unlikely that you could make a claim of false imprisonment even if arrested. However, the best thing you can do at this point is to talk to a criminal defense attorney about the charge of evading arrest. Without winning that case it will be nearly impossible to even consider any other action.
    Answer Applies to: Minnesota
    Replied: 11/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I'm not sure you have your terminology straight. The only evading statute has to do with trying to outrun an officer while driving. You may have been charged with obstructing a public servant. If you hinder, obstruct or delay an officer in the performance of his duties, you can be found guilty of obstructing. And no alleged false arrest is not a defense.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    He can charge whatever violation he believes is warranted under the facts, but proving the charges is the responsibility of the prosecutor. Sometimes a prosecutor will review the facts and charges and determine that one doesn't support the other and will agree to dismiss or amend the charges. You should consult with an attorney to be sure.
    Answer Applies to: Kansas
    Replied: 11/18/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    How far did you go after being told to."stop right there"? What were you being stopped for? It does not sound like you resisted and there is no such offense as"evading "arrest. A policeman can arrest you for anything he wants and there exists no constitutional protection from an illegal arrest (no right to resist). The law protects the officer from civil suit unless it can be shown he acted maliciously.
    Answer Applies to: Illinois
    Replied: 11/18/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You're confusing two different crimes and the terms. There is the crime of evading a peace officer (for failing to pull over and stop when ordered to or directed to by the red light) under Vehicle Code 2800.1 or 2800.2 and there is what's commonly called "resisting arrest" (technically resisting, delaying or obstructing an officer in the performance of their duties) under Penal Code section 148(a). If they try to get you on the evading charge under 2800.1 or 2800.2, they must prove that you "willfully" failed to yield and stop. If you didn't know they were signaling you, then how could you have deliberately disobeyed them? If I'm missing something and this has to do with you being ordered to stop when you were walking and not in a car, then ignore what I just wrote. If they're trying to get your for 148(A), then the question will be whether or not the officer had any legal right to detain and stop you in the first place and from there, whether you again were willfully disobeying them and causing any sort of delay or obstruction. This is something your attorney (yes, you'll need one) will need to sort out.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    He can arrest you without charging another charge however based on the facts I think they will have a hard time proving the case.
    Answer Applies to: California
    Replied: 11/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Evading arrest is different from resisting arrest or obstructing legal process. It requires, generally, that you tried to escape law enforcement when you were aware they were seeking to detain you.
    Answer Applies to: Minnesota
    Replied: 11/18/2011
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