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Free Case Evaluation by a Local Lawyer: Click hereEdward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally, yes it does, as they are separate offenses.
Answer Applies to: New York
Replied: 1/20/2012
Law Offices of John Carney | John Carney
Both charges are separate and even if you are not guilty of the trespass or they decide to reduce it to a violation or other charge is does not effect the Resisting Arrest charge which is a misdemeanor. It is not serious and if they dismiss or reduce the original charge and all you did was struggle a little when they tried to handcuff you the prosecutor may dismiss that charge. You should retain a good criminal lawyer to handle the case. He will have a good chance of getting an ACD dismissal on both charges if you have a clean record or are under 21 years of age. If you are under 19 you are eligible for Youthful Offender Treatment and will not have a criminal record. Many people argue with the police, refuse to put their hands behind their back to be cuffed, swear at the police, or struggle with them. They are injured by this stupid and immature behavior and they will tell the prosecutor not to give you a break. Just because the police are wrong about your guilt or are rude to you does not mean that you can refuse to obey their orders. If they tell you to move away, shut up, or to put your hands behind your back and you do not follow their orders you will be charged with Obstruction, Disorderly Conduct, or Resisting arrest. They have the badge, the gun, the billy club, and the power to beat you and get away with it. That is why you must do whatever they say, refuse to make any statement or answer any questions other than name and address, and ask to speak to a lawyer before any further questioning takes place. You must show them your identification and if you are driving all the documents, but other than that you do not have to answer their questions, but you do have to follow their reasonable orders and allow them to arrest you. If the arrest is improper you may be able to sue if your civil rights were violated.
Answer Applies to: New York
Replied: 1/11/2012
Law Office of Richard Southard | Richard C Southard
The answer depends on the basis for the dropping of the initial charge. The standard for conviction of an offense is beyond a reasonable doubt. It is theoretically possible that they may not have proof of your guilt beyond a reasonable doubt for the trespass charge yet the officer could still have had probable cause to make an arrest in which case the Resisting Arrest charge can still be prosecuted.
Answer Applies to: New York
Replied: 1/11/2012





