Resisting Obstructing or Delaying a Peace Officer: Your Lawyer Should Demur

Section 148(a) of the California Penal Code makes it a
misdemeanor to resist, obstruct or delay a peace officer in performance of
their legal duty. This charge has become a favorite of police officers who
encounter contentious citizens during a DUI stop, a Domestic Violence
investigation, a drug sales sting or a consensual encounter. Many police officers
will interpret any perceived disrespect from a citizen as a violation of Penal
Code Section 148(a) and these officers will arrest people for violating this
section even where the citizens are engaged in constitutionally protected
criticism or suspicion of the police.

Although these innocent citizens are often ultimately
acquitted in a court of law after their Orange County criminal defense lawyer gets involved, these
freedom-loving citizens still must endure a humiliating arrest, complete with
handcuffing and stuffing in the back of the police car, possible posting of
bail, and attorney fees for hiring an Orange County criminal defense attorneys. Moreover, an arrest for
resisting, delaying or obstructing a peace officer is often accompanied by
extra-tight handcuffs for the ride to jail. This has often caused permanent
nerve damage to the patriot who has dared not to wilt in the presence of an
almighty police officer.

Any time  a person is
arrested for PC 148(a) their criminal
attorney should appear at the arraignment with a demurrer in hand. A
demurrer is a legal brief that requests the judge to order the DA to disclose
exactly what act the defendant did that resisted, obstructed or delayed the
police officer as well as the exact LEGAL duty the officer was performing at
the time of the alleged offense. If it turns out that the actions of the
defendant was actually legal, such as choosing not to talk to the police or
criticizing the police, then the defendant’s criminal defense lawyer in Orange County can have the case dismissed.

If it turns out that the officer was not performing an
official duty, or perhaps was instead unlawfully detaining a citizen, then
again the defendant’s criminal
defense attorney in Orange County should be able to get the charge
dismissed. If the charge is dismissed, then the innocent person who was
arrested by the officer can bring a civil lawsuit against the officer and his
department. This may be a particularly important right if the defendant
suffered nerve damage from the handcuffing or was beaten or assaulted by the
police during the arrest. These injuries may require extensive medical
treatment. Moreover, a defendant in a civil suit may get punitive damages
awarded.

Often, when the police make a wrongful arrest for 148(a),
the DA will offer a probation-only deal to the defendant if they will just
plead guilty. The DA knows that if you plead guilty, you are making a legal
admission that you did resist, obstruct or delay a police officer in the
performance of a legal duty. This legal admission will preclude you from filing
a civil suit.

IF you face charges for 148(a), DUI, domestic violence,
theft, drug sales or drug possession, hit and run, assault and battery, or any
other crime, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free
and confidential consultation. You will speak to an experienced Orange County
criminal defense lawyer about your case. You can also visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.