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What is the likely outcome of a resisting arrest charge in CA?

Anaheim, CA |

This person has a clean record and just ran by foot from the police.
The police thought that they had drugs because the person had handed a cell phone to a friend who ran inside the house to put it away.
The police also went inside the house with dogs to search for drugs but they did not find anything. What kind of charge would this person be given in court? Also can you ask the judge if they can drop the charges if this person joins the air force. (they want to and they have already talked to the recruiter)

Attorney Answers 3


Everything depends on the facts - all the facts. Their lack of record helps, but every case is unique. With the help if an attorney, they could possibly be found not guilty and escape all consequences and outit the military as they had planned.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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In terms of speculating on the likely outcome of what you have presented, there is an entire spectrum of possibilities. And one of those possibilities is a not guilty verdict by a jury.

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I don't practice law in CA, but in KY this is a misdemeanor criminal offense. For comparison, here is the KY statute and it's elements:

Kentucky Revised Statutes



Current through 2012 First Extraordinary Session

§ 520.090. Resisting arrest

(1) A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his official authority, from effecting an arrest of the actor or another by:

(a) Using or threatening to use physical force or violence against the peace officer or another; or

(b) Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

(2) Resisting arrest is a Class A misdemeanor.

Cite as KRS 520.090

History. Effective: January 1, 1975
Created 1974 Ky. Acts ch. 406, sec. 177, effective January 1, 1975.

Hire a competent criminal defense attorney to review the facts and governing law in CA.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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