California | Criminal Law
Legal Question
resisting unlawful arrest
I was unlawfully arrested for trespassing at my own
residence where I pay rent, by my fiance who called
police and signed a citizens warrant for my arrest! We
have a lease together! The police warned me to leave
the residence but I came back later on and she called
the police back. They arrested me for trespassing and
wouldnt listen to my claims that I lived there. I
resisted arrest but not willfully.My fiance says that
she was not contacted by the arresting officers to
give her consent to arrest me (as was stated in the
police report) Now I face two charges which also
violated my probation and was thrown in jail. I have
provided proof that I was not guilty
of trespassing by virtue of my lease agreement.The DA
says he will drop the
trespassing if I plead guilty to the resisting charge.
My jury trial is in 2 days. My PD says if I don't beat
both charges that the judge ruling on my probation
violation has stated I will go to prison for 16 months
for this! Please help. How can I best defend myself
for resisting this arrest? I was not guilty of the
crime I was being charged with? Will this help my
defense--or does it matter since I was on probation
and was supposed to have no po
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Legal Answer
Re: resisting unlawful arrest
You're two days before a trial and you're now asking for help. You need some help, but it's probably too late to find out if you've got a chance at the trial. I'd ask the judge to assign you a public defender and some extra time to prepare a defense. If you have the financial where with all to hire a private attorney then do so immediately. When the new attorney(s) report for trial they should be able to get a continuance.
Lots of luck
Victor E. Hobbs
23161 Tulip Street
El Toro, CA 92630-4534
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