Sean M Sha
New member
What is the name of your state? Oregon
I was charged with interfering with a peace officer after 3 squad cars stopped me while walking down the sidewalk for an unrelated incident involving someone running across the road. I asked what this was about and if I was being detained and told him that I would gladly sit down if he told me if I was being detained or at least the reason for the stop, when the officer told me to sit on the sidewalk and he told me that he "told me to sit on the f***ing sidewalk" I told him that I was just trying to ask a question and he said that I was resisting arrest and threw me on the ground, then proceeded to say I was resisting arrest and that I tried to assault him.
There were about 5 officers or so there and I was then searched and thrown in the police cruiser. I didn't expect that they would take me to jail, but an officer got in the car and started driving. When I asked the officer where he was taking me and what I was being charged with, he remained silent. I then asked again and he still said nothing. I asked if he could hear me and he told me that I needed to be quiet.
I had been drinking, but not excessively and was taken to jail for, what seemed to me, as unjust.
While I should have just sat on the sidewalk, I don't feel that I was threatening in any way, nor did I try to impede their duties by asking a simple question.
Even though they were trying to say I committed all of these crimes (interfering with a peace officer, Assault, and Resisting arrest), I was only charged with interfering with a peace officer (a class-A misdemeanor)
I feel like they know they handled the situation with excessive force and I looked up the laws here: https://www.oregonlaws.org/ors/162.247 in the annotations section and it says that "Speech alone does not constitute acting in a manner that prevents or attempts to prevent peace officer from performing duty. State v. Lam, 176 Or App 149, 29 P3d 1206 (2001)"
It also mentions that disobeying a lawful order by an officer IS considered interference, but seems that a "lawful order" is classified as a vague term.
I know that typically the court/police will win the case because they've heard the same excuses a billion times, but I do not feel like asking a question and then being tossed on the ground is justified in the situation when I was not hostile or in any way disrespectful towards the officers.
I don't have money for a lawyer, so I'd be hiring a public defender. Would it even be worth the money?
Any advice would be appreciated. I just don't want to make the judge frustrated by fighting it, then end up in a worse situation than I'm already in.
Thank you for any help.
I was charged with interfering with a peace officer after 3 squad cars stopped me while walking down the sidewalk for an unrelated incident involving someone running across the road. I asked what this was about and if I was being detained and told him that I would gladly sit down if he told me if I was being detained or at least the reason for the stop, when the officer told me to sit on the sidewalk and he told me that he "told me to sit on the f***ing sidewalk" I told him that I was just trying to ask a question and he said that I was resisting arrest and threw me on the ground, then proceeded to say I was resisting arrest and that I tried to assault him.
There were about 5 officers or so there and I was then searched and thrown in the police cruiser. I didn't expect that they would take me to jail, but an officer got in the car and started driving. When I asked the officer where he was taking me and what I was being charged with, he remained silent. I then asked again and he still said nothing. I asked if he could hear me and he told me that I needed to be quiet.
I had been drinking, but not excessively and was taken to jail for, what seemed to me, as unjust.
While I should have just sat on the sidewalk, I don't feel that I was threatening in any way, nor did I try to impede their duties by asking a simple question.
Even though they were trying to say I committed all of these crimes (interfering with a peace officer, Assault, and Resisting arrest), I was only charged with interfering with a peace officer (a class-A misdemeanor)
I feel like they know they handled the situation with excessive force and I looked up the laws here: https://www.oregonlaws.org/ors/162.247 in the annotations section and it says that "Speech alone does not constitute acting in a manner that prevents or attempts to prevent peace officer from performing duty. State v. Lam, 176 Or App 149, 29 P3d 1206 (2001)"
It also mentions that disobeying a lawful order by an officer IS considered interference, but seems that a "lawful order" is classified as a vague term.
I know that typically the court/police will win the case because they've heard the same excuses a billion times, but I do not feel like asking a question and then being tossed on the ground is justified in the situation when I was not hostile or in any way disrespectful towards the officers.
I don't have money for a lawyer, so I'd be hiring a public defender. Would it even be worth the money?
Any advice would be appreciated. I just don't want to make the judge frustrated by fighting it, then end up in a worse situation than I'm already in.
Thank you for any help.
