Help - Police Say I Resisted Arrest, But I Didn't : Milwaukee Attorney Carlos Gamino - a Lawyer and his Blog
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Help - Police Say I Resisted Arrest, But I Didn't

by Attorney Carlos Gamino on 06/17/14

Help - Police Say I Resisted Arrest but I Didn't Attorney Carlos A. Gamiño is a Milwaukee criminal defense attorney who has an in-depth knowledge of how the Wisconsin judicial system works, from arrest to sentencing and beyond. Here’s what he has to say about resisting arrest charges in the state of Wisconsin.

We’ve all seen police on popular reality shows (does Bad boys, bad boys, whatcha gonna do? ring any bells?) yell at the accused and tell them to stop resisting – and a lot of times, it doesn’t look like they’re really resisting. In fact, many of those people put their hands up and say, “Okay, I’m not!”

So what’s the deal with resisting arrest – and could you be charged with it, even if you’re not actually resisting?

Resisting Arrest: What the Law Says

Wisconsin law says that you can be charged with resisting arrest if you obstruct an officer who’s doing his or her duty. This can include physically fighting back when police try to subdue you. But what if you’re not fighting? What if you’re pinned in a painful position and you’re trying to alleviate that pain? Can police claim you were resisting arrest?

If the police feel that you were resistant to their efforts to stop you, handcuff you or put you in a squad car, then yes. You could be charged with resisting arrest in Milwaukee.

Verbally Obstructing a Wisconsin Police Officer

Lying to a police officer in order to obstruct him or her while performing legal, official duties can also be a crime. That means covering for a friend by saying, “No, he went that way,” and pointing in the wrong direction could land you in a Milwaukee courtroom.

What to Do if You’re Charged with Resisting Arrest

Before you say anything, let police know that you want to talk to a Milwaukee attorney who handles resisting arrest charges. You have the right to remain silent, so use it; even defending yourself by letting police know that you weren’t resisting arrest can cause more trouble than you need.

The best advice I can give you is this: if you’re being arrested, just go with it. Your lawyer will help sort it all out at the appropriate time, in the appropriate place.

Attorney Carlos A. Gamiño

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