Is It Still Resisting Arrest If I Shouldn’t Have Been Arrested?

NEVER resist arrest, even if you’re completely innocent! Fighting with the cops will only compound your problems!

Picture this: You’re sitting around in your living room, reading the paper while your kids watch some goofy show on TV. Suddenly there’s a knock at the door. You get up, wondering who it is and what they want. Looking through the glass in your front door, you see it’s the cops, and you wonder what they could possibly want. Was there an accident nearby, or a crime maybe? Are they looking for witnesses? But no, what they want is you. And they have a warrant with your name on it.

Mistaken identity arrests happen in Michigan more often that you’d believe. The cops figure out who did something, and then they go looking for the person who matches the details. However, all too often a “Christin” becomes a “Christina,” or two people with exactly the same name get confused for one another, and an innocent person gets arrested. That doesn’t mean, however, that you can resist arrest, just because the cops got the wrong person!

Resisting arrest or obstructing a police officer is a crime, even if you’re innocent!

If you’re certain you’re innocent and haven’t done anything wrong, then you’re right – you shouldn’t be arrested. But just because the cops made a mistake and arrested the wrong person, doesn’t mean you can refuse to follow orders given by a police officer. If you’re wrongfully arrested, the only way to deal with the situation is through the proper process. That proper process NEVER includes obstructing an officer or resisting arrest, even slightly. You can’t run away, refuse to follow orders, or fight with the arresting officer. All of those things are actually crimes in their own right. You have to comply with police orders to be handcuffed and transported to jail. (Of course you will not have any discussion with the officer during the ride to the jail. Remain silent!)

Not sure what we mean? It’s simple – if you run away from a cop when they’re trying to arrest you, or fight with the officer because you don’t think you should be arrested, you can be charged with Resisting or Obstructing an Officer. And even if you can later prove that they got the wrong person, and you should never have been arrested, the Resisting and Obstructing charge will still stand. So you’ll end up facing criminal charges anyway. It’s really a lose / lose situation for you. If you want the bad situation to get better, be cooperative and polite with the officer and let your criminal defense attorney get this cleared up for you.

Fighting a cop or running away can get you felony charges!

When a person who is being arrested tells the arresting officer that they’re innocent, or that there’s been some mistake, chances are the cop won’t believe them. Why? Because that’s what practically everybody says when they’re arrested, even if they know EXACTLY what they did wrong. Cops get lied to all the time, so they tend to assume that most people will lie to them about most things. And so the cop arresting you has no way of knowing that you may actually be one of the few people telling the truth! Also remember that whatever you say to the police officer “can and will be used against you.”  Lawyer up!

Even if you are telling the truth, though, you still don’t have the right to fight or run away or refuse to follow orders. Be polite. Go with the police officers. Comply with the orders they give you, don’t tell them anything or answer any of their questions except your name, date and birth and address. Don’t discuss the case, your defense or your innocence. Call your attorney the moment you get a chance! If you really were wrongly arrested, a skilled criminal defense attorney will be able to help you get back to your life as quickly as possible.

At The Kronzek Firm, we can help you prove wrongful arrests!

As experienced criminal defense attorneys, we’ve handled many wrongful arrest cases all over Michigan before. We handled hundreds of criminal cases in Michigan courts. We understand how frustrating and scary it is for you, and how important it is to get out of jail and back to your family where you belong. If you have been wrongfully arrested in the lower peninsula of Michigan, call our top criminal defense attorneys immediately at 866 766 5245 (866 7No Jail) and get the help you need to fight (without catching more charges along the way!) We can help you now.