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Resisting arrest after time served

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BullDog75

New member
A friend of mine was convicted of felony possession a little over 2 years ago because of an incident where her boyfriend overdosed in her house. She served 2 years for it and just got out in January. About 2 months after relaease they charged her with resisting arrest from the crime that had occurred 2 years before and now she is looking at being sent back to jail for 9 months. She has completely changed her life and finally started getting things on track only to have this happen. Is this acceptable for the police to charge her with resisting arrest 2 years after an incident occurs? How do we fight this? She has a public defender right now but I have been looking at paying for a criminal defense attorney....would a criminal defense attorney greatly increase her chances of getting the resisting arrest charges dropped?
 


adjusterjack

Senior Member
Is this acceptable for the police to charge her with resisting arrest 2 years after an incident occurs?
If it's within the statute of limitations for that particular crime, it's acceptable. But you didn't say where this is happening.

How do we fight this? She has a public defender
Then that's a question she should be asking of her public defender. BTW, there is no "we" here.

I have been looking at paying for a criminal defense attorney....would a criminal defense attorney greatly increase her chances of getting the resisting arrest charges dropped?
I keep reading that public defenders are as good as any lawyer but I don't believe it. They are overworked and underpaid so, yes, a private attorney might make her odds more favorable. SHE needs to consult one. You won't be involved other than to pay for it.
 

quincy

Senior Member
What is the name of your state?

If your friend was on probation, any violation of the terms of her probation could send her back to jail to serve out her sentence, as would any new charge against her.

Public defenders graduated from law schools and passed Bar exams and are licensed to practice law in their states just like private attorneys. They often have greater court experience than the average trial lawyer.

The main difference (besides pay) between public defenders and private attorneys is the caseloads of public defenders are often far greater so the time they have to devote to any one client's case is often less than the time a private attorney has.
 
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LdiJ

Senior Member
What is the name of your state?

If your friend was on probation, any violation of the terms of her probation could send her back to jail to serve out her sentence, as would any new charge against her.

Public defenders graduated from law schools and passed Bar exams and are licensed to practice law in their states just like private attorneys. They often have greater court experience than the average trial lawyer.

The main difference (besides pay) between public defenders and private attorneys is the caseloads of public defenders are often far greater so the time they have to devote to any one client's case is often less than the time a private attorney has.
You might want to re-read the original post. The situation has nothing to do with a probation violation.
 

quincy

Senior Member
You might want to re-read the original post. The situation has nothing to do with a probation violation.
I read the post carefully and I used the word "if" in my post - but I have a sneaking suspicion that there was a violation of probation.
 

LdiJ

Senior Member
I read the post carefully and I used the word "if" in my post - but I have a sneaking suspicion that there was a violation of probation.
I am sorry but that makes no sense given what the OP has said.
 

quincy

Senior Member
Two months after release from prison, she was arrested. She would have been released on probation. Any violation of probation could/would send her back to jail.

I suspect BullDog does not know the facts of the new arrest.

But the state name is important.
 

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