Can a person who only gave false information to a Police officer be charged with a 148 pc. Obstructing and resisting arrest.

Asked 10 months ago - Carpinteria, CA

Sherriffs showed up at my house looking for my ex husband who did not live with me. He had a warrant. We are divorced. They asked if he was there I said no. He lives somewhere eles and they do not have the right to come in to my house to search. They came in anyway and found him visiting. They did not give me a ticket and I received information of my charge through the mail. I have a attorney working this case. The reasons that I lied was my ex husband is terminally ill and I felt concerned about his meds and dying in jail. The question should I really be charge with the 148 pc. I have very little on a record. I also worked for the Unified school District for 5 years. Is this fair?

Attorney answers (5)

  1. Stephen Troy Allen

    Contributor Level 15

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Is it a technical violation? Yes probably.. but is it worth a 148? NO - Maybe a 415 infraction especially if you are working for the school district. You have an attorney. Discuss this with him/her. Good luck!

  2. Brian K Wanerman

    Contributor Level 18

    3

    Lawyers agree

    Answered . You say you have an attorney already. You must discuss this question with him.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more
  3. Greg Thomas Hill

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Yes. In People v. Christopher (2006) 137 Cal.App4th 418, this happened and the conviction under 148 was upheld on appeal.

    Is it fair? Well, that is a tough question. The courts have decided what is legal and what is not, so what is fair perhaps is beside the point. Sorry.

  4. Michael Stewart Phillips

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes. It is an uglier crime (PC 32) if your husband's warrant was for a felony.

    Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.

  5. Brian Russell Michaels

    Pro

    Contributor Level 16

    Answered . Yes they can most definitely be charged with the 148. Conduct over laps. If you have counsel he or she should have explained this.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,006 answers this week

3,093 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,006 answers this week

3,093 attorneys answering