I have two charges resisting arrest and disorderly conduct what should I expect? 15 Answers as of February 15, 2013

I was at a night club things got wild and I was put out by security with my hands held tightly behind my back . From in the club all the way out the door I was trying to get loose because it hurt me next thing I know I'm on the ground and someone said they will make me when I finally took a glance behind me it was an officer obviously security handed me over but the officer never said he was police his name or anything. I began to comply but I was still arrested and throughout all of this no one ever gave me my Miranda rights so what was I suppose to do if I didn't know a police officer was behind me.

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Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Miranda rights only come into play if you are subjected to custodial interrogation, and then if you give inculpatory statements, those statements can be suppressed. You need a lawyer. Resisting arrest is one of those charges can haunt you because cops will see if every time you are stopped on traffic and think you are a problem.
Answer Applies to: Texas
Replied: 2/15/2013
Toivonen Law Office | John Toivonen
Obstructing a police officer is a felony. Disorderly conduct is a misdemeanor. You said that "things got wild." The issue is whether or not you were involved in the commission of a crime. If you did nothing wrong, you should plead not guilty. As to Miranda rights, if they police do not read them to you and then question you, the confession can be suppressed. While statements to the police can help the prosecutor, witnesses and physical evidence can be used against a Defendant. With a good attorney you might be able to beat this or get it reduced to a misdemeanor.
Answer Applies to: Michigan
Replied: 2/14/2013
Steven Dodge | Steven Dodge
As to what you can expect, that depends on the judge assigned to the case and the manner in which the prosecutor pursues it. The resisting and obstructing charge carries a two year maximum sentence. You worst case scenario would probably be a county jail sentence unless your record is terrible. I recently had an R & O case where my client was tackled from behind and had no idea that the person that tackled him was a police officer. That case resulted in a plea plea reduction that my client was very happy with.
Answer Applies to: Michigan
Replied: 2/14/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
Obviously, I have not seen any of the evidence against you, so it's impossible to guess how strong of a case the DA has or what types of defenses might apply. No attorney can accurately tell you what to expect without knowing a lot more about your case. Of course, I would want to personally speak with everyone involved and determine what they think they saw. I'd also be curious if any surveillance tape exists. That being said, your Miranda Rights are probably irrelevant here. Unless you're interrogated about a crime and you confess, police do not have to read Miranda Rights, and they usually won't (despite what you've seen on TV). Hire a private attorney ASAP to discuss your options.
Answer Applies to: California
Replied: 2/13/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You will either be pleading guilty and taking the conviction probation and community service, or you will be retaining an attorney.
Answer Applies to: Georgia
Replied: 2/13/2013
    William L. Welch, III Attorney | William L. Welch, III
    The only thing that you might expect for certain at this point is what the maximum penalties are. They should be stated on your charge papers. An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be convicted, an attorney can assist you in presenting mitigation, allocution, and a request for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential, and if somehow the state were to discover them, they might be used against you in evidence.
    Answer Applies to: Maryland
    Replied: 2/13/2013
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    You can expect to treated about the same way in court if you don't have a lawyer to handle the case.
    Answer Applies to: Missouri
    Replied: 2/13/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Miranda rights are not an issue here. The knowing who was doing what certainly is. Hire counsel.
    Answer Applies to: California
    Replied: 2/13/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire a lawyer to present your side of the case, or ask for a public defender if unable to pay for a lawyer. Note that at trial, it will probably be only your word against the officer, and chances of winning are not great. If you have witnesses who can back up your story, inform your attorney of them and have them available for trial.
    Answer Applies to: Illinois
    Replied: 2/13/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You have to know or should have reasonably known the person was a police officer before being convicted of Resisting & Obstructing. You need to consult with a criminal attorney to review the case against you for more specific advice on how to proceed. As for the Miranda warnings, the police only have to give them to you when they are interrogating your or asking you incriminating questions while in police custody. They don't have to give them to you with every police contact or everytime they arrest you.
    Answer Applies to: Michigan
    Replied: 2/13/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Whether it is a police officer or security, you still have a duty to comply. Both charges are gross misdemeanors, which carry maximum penalties of 1 year in jail and a $5000.00 fine if convicted. You shoulsd probably get an attorney.
    Answer Applies to: Washington
    Replied: 2/12/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You should get a lawyer and try to work out something where you end up with no criminal record. They do not have to give you Miranda unless you are already arrested and they want to interrogate you.
    Answer Applies to: Michigan
    Replied: 2/12/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Hire a criminal defense lawyer in your area. If you can't afford to hire one, the go to your court date and ask the court to appoint the public defender to represent you.
    Answer Applies to: California
    Replied: 2/12/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire and lawyer, that's about all you can do and should do. Show up to court by yourself and you WILL be convicted and end up with a criminal record. These are relatively minor charges and it would be a waste for you to be duped into a plea.
    Answer Applies to: California
    Replied: 2/12/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You likely are looking at jail. The matter depends on your passed history and the new charge.
    Answer Applies to: Nebraska
    Replied: 2/12/2013
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