Legal Question in Criminal Law in New Hampshire

must there be an underlying charge before the police can arrest you on a charge of resisting arrest??

Asked on 7/19/10, 7:14 pm

1 Answer from Attorneys

Andrew Winters Cohen & Winters, PLLC

Not necessarily. The charge is actually resisting arrest *or* detention. It's not uncommon for the police to be seeking to temporarily detain someone for investigative purposes, which is allowed for mere reasonable suspicion of a crime even without probable cause to arrest. If the person then resists, they could be charged with resisting detention.

Read more
Answered on 7/20/10, 5:45 am

Related Questions & Answers

More Criminal Law questions and answers in New Hampshire