Articles Posted in Resisting Arrest

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The recent deaths of Michael Brown in Ferguson, Missouri and Eric Garner in New York City have placed police tactics under the media spotlight. It is a sad truth that innocent people die at the hands of police every year in this country. Since 2000, law enforcement officers have killed nearly 600 people in Los Angeles County alone, which amounts to roughly one death per week.1

There is no denying that there are police officers that enjoy the violent aspects of their work, but it is far more common that officers we encounter are just trying to do their job. While no one has yet put forward a good solution to the problem of violent cops, there are some steps you can take to avoid making your dealings with the police more peaceful.

The Police Mindset

Police BrutalityThe first thing to do is understand the mindset of a police officer. Men and women in law enforcement are trained that every person they approach could be the person that ends their life. Therefore, they are trained to recognize life-threatening movements and verbal threats. If you make a sudden, unprompted move to the pocket on the inside of your jacket or to the waistband of your pants, you could find yourself staring down the barrel of the officer’s gun.

Keep your hands visible, and if you have to make a move to your pocket, tell the officer that you are going to do so. Explain why you need to get into your pocket, and do so slowly.

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If you have dealt with or are currently facing a drunk driving charge in Southern California, you are probably aware of the overwhelming amount of stress such an accusation may cause. Increasingly, several police departments in Southern California are additionally charging individuals with “resisting arrest” – on top of charging them with driving under the influence. Some of these incidents include the actions taken by the Hermosa Beach Police Department and the California Highway Patrol.

Resisting Arrest and DUI Related Incidents in the Southland

Resisting%20Arrest%20in%20Los%20Angeles%20-%20PC148a1.jpgHermosa Beach is one South Bay city that has had many recorded cases of public drinking as well as related problems in the recent past on Pier Avenue, which is lined with bars and restaurants that serve alcohol late into the night. For example, this year, the city cracked down on Fourth of July celebrations on Pier Avenue. According to the Daily Breeze, there was an increased number of citations and arrests overall during the holiday weekend due to a bolstered police presence. The report stated that police arrested individuals for DUIs and resisting arrest in addition to other alleged offenses.

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The Orange County resisting arrest lawyers at Wallin & Klarich want to share with you another interesting new ruling. The Court of Appeals has recently held that any student that “resists” a school security officer can be punished as if he/she is resisting arrest from a police officer. The juvenile can be found guilty of the misdemeanor crime of Penal Code Section 148 (a)(1).

If the juvenile is found guilty of resisting arrest in Southern California, he can be placed in juvenile hall for up to one year and can be ordered to pay a fine of $1,000.

This is serious stuff!

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.