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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-24-2008, 03:10 PM
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Resisting arrest


Last night, I was at a party where alcohol was being consumed. An officer showed up and only asked who bought the beer and who lived in the house. One of the people who lives in the house got up to go get a phone so the officer could call her mother. Right after she gets up, I get up, get in my car and drive off.

About an hour later, the same officer shows up to my door. I step out on the porch and say "You may not come onto this property without a warrant." He keeps coming forward, so I repeat myself. Then he grabs my arms, I struggle for a bit and then he puts me in handcuffs.

After I was cuffed, I started screaming and hyperventilating. While screaming, I made comments about suicide so the police officer transported me to the mental hospital where I was evaluated by a few doctors. They determined I was not a threat to myself and released me.

I'm being charged with resisting a public officer. I'm currently going through a deferred prosecution to dismiss misdemeanor possession of marijuana and alcohol charges from a month ago. I am 17 years old and live in North Carolina.

Does anybody know what I should do or expect?
  #2  
Old 10-24-2008, 03:18 PM
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Wow.

Get a lawyer.
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  #3  
Old 10-24-2008, 03:35 PM
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He called me about an hour before he came to my house on my friend's phone and told me he was coming. I told him I didn't know what he was talking about and asked if it was a prank call. At one point over the phone he called me a mother****er.

He actually wrote the citation while we were both sitting in his car in the parking lot of the mental hospital.
  #4  
Old 10-25-2008, 05:24 PM
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Next time, stay in your home, lock the door and go to bed. Once your outside, your in public and you become fair game.

Were you charged with resisting arrest because of the incident at your home, or because you fled the original scene where the police made contact?

Your attorney will obtain a copy of the police report and sort out the details of why you were being arrested in the first place.

The best thing you can do is to stop consuming alcohol until your of legal age and stop consuming marijuana until it becomes legal to do so. If you make these two simple adjustments in your life, you will most likely avoid this situation from repeating itself over and over and over again,,,,
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  #5  
Old 10-25-2008, 06:54 PM
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One more thing, the officer does not need a warrant to come on your property.
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  #6  
Old 10-25-2008, 09:14 PM
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What statutes have you been charged with violating?

Quote:
Originally Posted by bkc567 View Post
About an hour later, the same officer shows up to my door. I step out on the porch and say "You may not come onto this property without a warrant."
And you were incorrect. And that is NOT how to get on the good side of thecop - charge out acting like Clarence Darrow without the education.

Quote:
He keeps coming forward, so I repeat myself. Then he grabs my arms, I struggle for a bit and then he puts me in handcuffs.
Oops ... you're no allowed to "struggle".

Quote:
After I was cuffed, I started screaming and hyperventilating. While screaming, I made comments about suicide so the police officer transported me to the mental hospital where I was evaluated by a few doctors. They determined I was not a threat to myself and released me.
When you start acting nuts, you get treated as if you were.

Were you drunk? High? Or just naturally peering over the edge of rationality?

Quote:
I'm being charged with resisting a public officer.
That happens when you "struggle" with an officer.

Quote:
I'm currently going through a deferred prosecution to dismiss misdemeanor possession of marijuana and alcohol charges from a month ago. I am 17 years old and live in North Carolina.
That's not going to play well. You are on deferred prosecution for a drop offense and now you're dealing with an underage drinking beef that turned into resisting arrest? Hopefully (and I am not holding my breath), you have learned that you need to develop some better anger management, and you have learned that alcohol and drugs can be bad.

What you SHOULD do is stand up and deal with your obvious problems. What you probably will do is cost mom and dad money for attorneys and fines, and you will suffer and learn very little from all this.

Good luck.

- Carl
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