What should my friend do with his resisting arrest charge? 13 Answers as of March 22, 2013

My friend has no prior record, but he was arrested last year for disorderly conduct and resisting arrest. He wasn't involved in the situation, he was just in the wrong place at the wrong time. They dropped the disorderly conduct charge, but he is still facing resisting arrest. He said he did not resist arrest, but its his word against the officer. The officer also used excessive force injuring my friend. He already spent a night in jail for this. He was offered a plea bargain wanting him to pay $500, talk classes, and be on probation. He does not want to accept that because he feels he didn't do anything wrong. If he takes it to trial and loses what could happen to him? Does it seem like he has any chance of winning? His attorney thinks he is going to lose.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer. He could consult another attorney and disclose all the facts and circumstances to help decide if he should go to trial or not.
Answer Applies to: New York
Replied: 3/22/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
If he is unhappy with his lawyer and the lawyer's advice, he should hire a lawyer to take over. If he loses, he may be able to get probation from a jury. At worse, it is a misdemeanor for which he can receive jail time. There is no way for someone to guess his chances of winning with what you have provided. His lawyer should be getting information on the cop including IAD complaints.
Answer Applies to: Texas
Replied: 3/21/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Quite frankly, unless your buddy has competent and independent eye-witnesses to the incident, it is his word against a cop. Of course, there is always a chance he will win after a trial, or be sentenced to something similar to what he is being offered in a plea bargain. I would heed the advice of his lawyer, as I have seen too many cases where triers of fact, be it judge or jury, sides with the police over a defendant. The choice is up to him. If I were his lawyer, why not try and get him into a court diversion program, if one is offered, so that he will not have a permanent criminal record, which is not expungeable in the future.
Answer Applies to: Illinois
Replied: 3/21/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
By all means go to trial. That is his constitutional right! Based on the limited information here, with no prior record it is quite probable that he will not get a worse sentence if convicted at trial, unless the facts that come out are potentially worse than what is being presented to the judge now. For example, if your friend was highly agitated and an officer was injured, that might present as a worse situation for him. If his lawyer isn't going to go into the trial trying to win for his client, get a lawyer who will!
Answer Applies to: California
Replied: 3/21/2013
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
It's impossible to predict what a jury would or would not do. However, every person accused of a crime has a right to a trial. If your friend believes that he is innocent of the charges he should take the case to trial. This is his opportunity to question the state's evidence and their witnesses. If convicted, the judge in his case would impose a sentence. Your friends attorney should be able to explain the range of potential punishments given the charge and jurisdiction.
Answer Applies to: Colorado
Replied: 3/21/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If his attorney thinks he will lose, then he needs to retain another attorney. If he loses, he is going to jail.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    William L. Welch, III Attorney | William L. Welch, III
    An attorney can assist you with evaluating the prosecution's 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 found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 3/21/2013
    Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
    If his attorney thinks he can t win he Should talk it over further with his lawyer to discuss Why. Why are you looking for answers about Your friends' case? if he already has counsel? All these issues Should be addressed to his lawyer.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the deal ends up with him having no criminal record by taking the classes and paying the fine, then he should seriously consider it.? He can always go to trial since the STATE is the one that has to prove guilt, not him proving innocence.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Zeliff & Watson
    Zeliff & Watson | Evan Watson
    Your friend needs to speak to his attorney about these things. If its charged as a misdemeanor, its up to 12 months in jail per charge. Local ordinances carry max of 6 months in jail.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Universal Law Group, Inc. | Francis John Cowhig
    He should be discussing this with his attorney, since his attorney probably has more information than you listed in your question.
    Answer Applies to: California
    Replied: 3/21/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If he loses, he could spend up to 6 months in jail.
    Answer Applies to: Nevada
    Replied: 3/21/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Obviously, his attorney knows a lot more about the case than I do. I can't second-guess his attorney's legal judgement without thoroughly reviewing the evidence myself. It's impossible to guess whether or not he has any chance of winning without knowing more details about the allegations. (That's like asking, "If there was a football game, who would win?"). Going to trial always carries huge risks. If your friend loses at trial and the judge finds that he is not remorseful, then he could receive up the maximum penalty. Without knowing what specific charge he's facing, I don't know what the maximum would be. "Resisting arrest" can be charged as PC 69 or as PC 148(a)(1), which each carries its own penalties.
    Answer Applies to: California
    Replied: 3/21/2013
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