What can I do if I was charged with resisting arrest and obstruction of justice? 12 Answers as of July 08, 2013

What happened was my father got arrested for DUI and as I sat in the passenger seat I kept telling the cop to let my dad go. So he took me out of the car and handcuffed me and I spit to the side of him and he told his partner that I spit at him and I was sent to jail for resisting obstruction of justice. And I want to fight it. I didn't even spit at the cop.

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Robert Mortland
Robert Mortland | Law Office of Robert Mortland
You may have a tough case that could wind up being a jury trial issue.
Answer Applies to: California
Replied: 7/8/2013
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
What can you do? You'd better get yourself a good criminal lawyer.
Answer Applies to: California
Replied: 7/8/2013
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
You can get arrested, but obviously you need to fight it. There are often dashboard cameras on many patrol vehicles that you can obtain in your defense. Call an experienced attorney right away.
Answer Applies to: California
Replied: 1/10/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
The attorney has the ability to request any video the squad car may possess to prove your defense.
Answer Applies to: California
Replied: 7/8/2013
Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
When you say 'fight it' that generally means 'take it to jury trial,' which is what you can do if you wish. The other 'fight it' option is to try to work out a reasonable resolution (a plea bargain or perhaps dismissal, deferred entry of judgment, etc) through your attorney (retained or Public Defender) that would satisfy all sides.
Answer Applies to: California
Replied: 1/9/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You'll need a good defense attorney for sure. By yourself you have zero chance of beating the charge. An attorney can do a thorough investigation, and find things that may help you (like a video if it exists, or a taped recording...etc.)
    Answer Applies to: California
    Replied: 1/9/2012
    Attorney at Law | Dorinda Ohnstad
    As with any criminal prosecution you are presumed innocent until either 1) you enter a guilty or no contest plea, 2) a jury finds you guilty. Given the facts, as you've laid them out, you'll want to contest any filing by the DA's Office. You will also either want to 1) request a court appointed lawyer, or 2) hire an attorney to assist in that regard. Often times resisting/obstructing charges are sensitive as the DA's Office often wants to appease law enforcement since technically the "victim" in those cases is the officer(s). For this reason sometimes it is difficult to get the DA on the case to reasonably settle these cases. I find that the best way to address that is to simply set the matter for trial and proceed to develop a case for trial (conduct investigation , etc.) and then often the DA who has to try the case realizes that the case is weak and will dismiss the action as the case nears trial readiness (date when the parties have to advise the court that the matter is ready to proceed to trial).
    Answer Applies to: California
    Replied: 1/9/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Hire a local attorney familiar with the court. This charge really looks bad on your record and can cause issues with future employment, police contact and security related issues. Don't plead guilty to this.
    Answer Applies to: California
    Replied: 1/9/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Any time you are charged with any crime you first should not talk to ANYONE about the facts of the incident. Not only to the police or the district attorney but family, strangers, friends, cell mates and anyone who is not your attorney. If you are charged with resisting arrest and obstruction of justice your case will depend on the facts that can be proven in court. In your case if there is not a video of the incident the evidence will be eye witnesss accounts. Tell your attorney who was present at the incident so that he can have that person interviewed. Your attorney should review the police report and attempt to lock the officers into one story. The best way to fight any crime is to work with your attorney. Provide him with all the facts, and follow his advice. The prosecution has an attorney working your case. Do not handicap yourself and your chances by trying to go to court without an attorney on your side.
    Answer Applies to: California
    Replied: 1/9/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Section 148 is violated if you obstruct or delay a police officer. If you had spit on him it would have been an assault. If you want to fight it get a lawyer.
    Answer Applies to: California
    Replied: 1/9/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I would recommend hiring a criminal defense attorney handle your case. Sounds like the cop is making up stories and you shouldn't accept that without a fight (or a good result from any potential charges).
    Answer Applies to: California
    Replied: 7/8/2013
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    It is a charge that will probably be dropped. If not, hire The Lampel Firm to get the charges dismissed.
    Answer Applies to: California
    Replied: 7/2/2013
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