Orange County Criminal Attorney: P.C. 148(a)

It is a crime to "wilfully resist, obstruct or delay" a police officer in the performance of their "legal duty". Penal Code Section 148(a) makes it a misdemeanor to do so. Conviction of this offense is punishable by up to a year in the Orange County jail. Orange County criminal attorneys call Penal Code Section 148(a) "contempt of cop" because of it widespread misuse by law enforcement. It has become routine for police officers to arrest citizens for any disrespect shown or for any hesitation to immediately comply with their commands. The broad, vague language of the statute make it easy for an officer to justify an arrest. After all, what does it mean to resist, delay or obstruct? If I invoke my legal right not to talk to the officer will I be arrested for "obstructing" or "delaying" their investigation? The ambiguous wording of the law and cop-friendly judges have provided fertile ground for rampant police abuse.



Of course, any Orange County criminal attorney will tell you that getting arrested is a far cry from being convicted. You see, we all have the right to question a police officer when they are on our property or telling us to do something. Nor is it against the law to respond slowly to a cop's commands. It is well settled that the First Amendment protects our right to question authority and to voice our opinion. Our founding fathers did not want a docile, compliant population. Rather, they warned against it. Our courts have repeatedly held that Penal Code Section 148(a) cannot be used to silence criticism of police officers. And it certainly cant be used to prevent citizens from filming or recording the police.



However, just because you cant be CONVICTED of 148(a) for exercising your rights doesn't mean the cop wont ARREST you for it anyway. In fact, Orange County criminal attorneys see this happen all the time. The officer knows that they can inconvenience you with the trauma of an arrest at no cost to them. Not to mention saddling you with the cost of an Orange County criminal attorney to get the charges dismissed. And as for the cop, well there is no repercussion for making the illegal arrest in the first place. Although someone illegally arrested could sue the cop in civil court, the high expense of a civil suit and the low dollar damages deter most police victims from filing. Of course, a victim of a false arrest should absolutely file a complaint with the officer's department. Your Orange County criminal attorney will be more than happy to help. These complaints of misconduct stay in the cop's file for five years. They can be very useful for the next victim's Orange County criminal attorney.



If you would like to speak directly to an experienced Orange County criminal attorney call The Law Offices of EJ Stopyro at (949) 59-5500. We offer a free and confidential telephonic consultation.