Have you been charged with resisting a police officer in Utah? Was your conduct truly resisting arrest or something that could be seen as resistance? Hiring a qualified, experienced Utah criminal defense attorney can show the prosecutor that you were in the right. Read the full statute here.
Asserting your Constitutional rights is not “Interference” with the police.
Interference with a police officer in Utah is the following conduct:
(a) use of force or any weapon;
(b) refusing to perform any act required by lawful order:
(i) necessary to effect the arrest or detention; and
(ii) made by a peace officer involved in the arrest or detention; or
(c) refusing to refrain from performing any act that would impede the arrest or detention.
A weapon is qualified as a stick, knife, gun, club, brass knuckles, but not limited to just these items.
Interfering with a peace officer, or resisting arrest, is a Class B Misdemeanor. This is punishable by up to six months in the county jail where the offense occurred. The standard bail schedule fine is $690. Generally you would be placed on 12 months court probation, running concurrently with the other associated convictions that may have been incurred in the same criminal episode.
Charged with Obstruction of Justice, Interference with the Police? Call/TXT Jake Gunter (801) 373-6345
Possible defenses: The jury.
Ultimately, the people will speak whether your conduct was truly interfering with the police. The jury is comprised of ordinary citizens from the county where the alleged offense occurred. The jury will be the final word on who was right or wrong.
A strong, experienced attorney can really make the difference. Further, there is often body camera footage, police car footage, and testimony from people who were at the scene to help the jury decide the case.
Asserting your Constitutional Rights is NOT “Interference” with the Police.
Asserting your right to remain silent is not a crime. Nor is it interference with the police. You have a United State Constitutional right to remain silent and the right to an attorney. You should cooperate with the police by identifying yourself, providing identification and not lying to the police. But, remaining silent thereafter is your right.
Call Utah criminal defense attorney Jake Gunter for a free consultation regarding your resisting arrest charges. (801) 373-6345. Provocriminaldefense.com. Provolawyers.com
