Legal Question in Criminal Law in New York
Resisting arrest question
My question is can you be charged with resisting arrest if you were never told that you are under arrest or read your miranda rights?
1 Answer from Attorneys
Re: Resisting arrest question
Resisting arrest is an intentional crime. What I mean by that is the person charged must have had some idea that he was resisting a lawful arrest.
If the police were uniformed, then this will be a tough defense.
On the bright side, the DA and police generally charge defendants with everything they can think of for the purpose of giving themselves some negotiating roo. It is likely that the 'resisting arrest' will play no role in any trial for a felony.
On the other hand, if there are no felonies charged and the resisting arrest is the most serious crime charged, it can still be dealt with. i would strive for an 'adjournment in contemplation of dismissal'.
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