misdemeanor to resist, obstruct or delay a peace officer in the performance of
their legal duty. Violation of the this section will expose you to a possible
year in the Orange County jail. But what does it mean to resist, delay or
obstruct? Well, any criminal
defense lawyer in Orange County knows that this vague language gives police
officers wide latitude in deciding to arrest someone for violating Section148(a). Moreover, we Orange County
criminal defense lawyers are all too familiar with the widespread abuse of
this section by many police officers who arrest people who show the slightest
disrespect toward them or the smallest hesitation to jump at their commands.
This unfortunate truth is discovered by many innocent people every day.
You see, it is perfectly legal to question a police officer
when he is telling you to do something or is on your property. The First Amendment
of the United States Constitution guarantees us all the right to question authority
and to voice our opinion. Moreover, as any experienced criminal
defense attorneys in Orange County knows, it is not against the law to
respond slowly to a cops commands. (Peoplev. Quiroga 16 Cal.App.4th 961) But when you DO question a cop—perhaps
telling him he needs a warrant to do what he is doing—or don’t instantly do
what they say, all too often the cop will retaliate by arresting you for
violating Section 148(a). The cop may be fully aware that you MAY beat the
charge in court, but he doesn’t care about that.
when he is telling you to do something or is on your property. The First Amendment
of the United States Constitution guarantees us all the right to question authority
and to voice our opinion. Moreover, as any experienced criminal
defense attorneys in Orange County knows, it is not against the law to
respond slowly to a cops commands. (Peoplev. Quiroga 16 Cal.App.4th 961) But when you DO question a cop—perhaps
telling him he needs a warrant to do what he is doing—or don’t instantly do
what they say, all too often the cop will retaliate by arresting you for
violating Section 148(a). The cop may be fully aware that you MAY beat the
charge in court, but he doesn’t care about that.
Unfortunately, the innocent victims who have the temerity to
question a cop or not do what he says at the snap of his fingers must endure an
arrest, must often hire a criminal
defense lawyer, and then go through the court process before an illegal
arrest under this section is recognized as illegal and the charge dismissed. In
these instances, there is almost never any repercussion for the police officer
who made the illegal arrest in the first place. Although the illegal arrest
exposes the cop to a civil lawsuit for violation of your Constitutional rights,
few people are willing to go through such a suit, which can cost money up
front. In these instances, you do have the right to file a complaint against
the cop—which you ABSOLUTELY should do. It stays in the cop’s file for five
years and if he makes another illegal arrest, the arrestee can see that
complaint and possibly use it against the cop.
question a cop or not do what he says at the snap of his fingers must endure an
arrest, must often hire a criminal
defense lawyer, and then go through the court process before an illegal
arrest under this section is recognized as illegal and the charge dismissed. In
these instances, there is almost never any repercussion for the police officer
who made the illegal arrest in the first place. Although the illegal arrest
exposes the cop to a civil lawsuit for violation of your Constitutional rights,
few people are willing to go through such a suit, which can cost money up
front. In these instances, you do have the right to file a complaint against
the cop—which you ABSOLUTELY should do. It stays in the cop’s file for five
years and if he makes another illegal arrest, the arrestee can see that
complaint and possibly use it against the cop.
If you face criminal charges for Penal Code Section 148(a)
Resisting, delaying or obstructing an officer, call The Law Offices of EJ Stopyro
at (949) 559-5500. You can speak to a criminal defense attorney
in Orange County and learn your options and defenses. Or you can visit our
website at www.EJEsquire.com. Our main
office is located at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675.
Resisting, delaying or obstructing an officer, call The Law Offices of EJ Stopyro
at (949) 559-5500. You can speak to a criminal defense attorney
in Orange County and learn your options and defenses. Or you can visit our
website at www.EJEsquire.com. Our main
office is located at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675.
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