Resisting Arrest - Dismissed
Jun 02, 2017OUTCOME: Dismissed
Client was charged with resisting arrest. Officer's bodycam video shows the client clearly resisted arrest. However we showed the officer never had proper reason to contact client in the first place an ... d the client knew that. In fact, that's one of the main reasons the client resisted arrest. Police must have valid reason for contact. Though the officer had a stated reason for contact, it simply wasn't legally sufficient. Many prosecutors recognize when they are looking at a bad case and will offer a fair resolution. Rather than press the matter to trial or a motion to suppress, we agreed to dispose of the case via a conditional dismissal. The client would perform community service by providing a food donation to the North Texas Food Bank. Oddly, because peanut butter is an excellent source of protein and stores well for long periods, the food bank prefers peanut butter to canned goods. So a sizable peanut butter donation was made with a receipt provided to the State and the client's case was dismissed. Our outcome was a win for the hungry people of North Texas, a conservation of resources for local taxpayers, vindication for our client and a solid example of a prosecutor doing the right thing.(It's important to note; a prosecutor's duty is not merely to secure convictions but to seek justice. And one of the duties of all officers of the court is to respect and preserve judicial resources. Dismissing a deficient case isn't being soft on crime, it's being responsible in a position of public trust. It accomplishes both of the above objectives by reaching a fair outcome for all while avoiding wasting a court's time.)
