Skip to main content

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

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. Best answer

    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. 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. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.


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

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics