I was arrested for resisting arrest spent a night in jail spoke with the judge and he dismissed it said time served go home but it still shows on my criminal background record
It is a Misdemeanor. You may want to talk to an attorney about the possibility of having your record expunged.
If he said you got timed served you probably ended up with a permanent conviction. You need to contact an attorney to See if you can reopen the case.
Resisting Arrest is a Misdemeanor. Typically, although there are exceptions to this, the judge is not the legal party that dismisses a case. It is usually the prosecutor. Additionally, if the judge pronounced a sentence, "credit for time served" then your case was not dismissed. It sounds like you may not have been represented by counsel during the entry of your plea. Based on this confusion, it is in your best interest to contact an attorney to determine the correct disposition of your case and whether that attorney can pursue any relief from a conviction.
With deference to all my colleagues, Resisting arrest is a 3rd Degree Felony if a Deadly Weapon was used, otherwise their answers are spot on. Best of Luck!
Any information disclosed in any answer or message to any question posted on AVVO and this forum is for informational purposes only. It is not legal advice, nor is it meant to be a substitution for any professional legal services. Stephen A. Nicholas disclaims the formation of an attorney-client relationship by using AVVO and this forum or by answering any of the inquiries posted on AVVO and this forum and further states that no attorney-client relationship is formed by Stephen A. Nicholas and any person asking any question on AVVO and this forum, until a legal services agreement has been executed by Stephen A. Nicholas and the person seeking legal services and/or advice. The only action generated by any answer posted on AVVO and this forum by Stephen A. Nicholas should only be to seek the expertise of a competent attorney in the area of law concerning the question asked. As each situation is unique and different, the person asking must always consult with their own legal counsel before taking any action on any matter discussed on AVVO and this forum.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements