Legal Question in Criminal Law in Alabama
Resisting Arrest
My neighbor was arrested for resisting arrest 2 days ago, she was unloading groceries from her car and as she was walking in a police officer slowed down in front of her house, she went in and shut the door, since it was 30 degrees outside. A few moments later the officer came to the door yelling looking for her husband, and said he was there to arrest him for a child support warrent. The officers arrested him, and the first officer told the other to arrest my mother for resisting arrest, they handcuffed her and put her in the car. They let her stay home since her 14 year old son was on his way home from school, 2 hours later they brought a bond paper out for her to sign, charging her with resisting arrest. The officer said he did it because she knew he was going to pull in her driveway. She opened her door as soon as he knocked. This dosen't seem right, can they do that? She has no record.
1 Answer from Attorneys
Re: Resisting Arrest
Unless he was there to arrest her, he can not charge her with resisting arrest. Now if he says she assaulted him or something of that nature and then he tried to arrest her, that would be another story. Take it to trial.
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