Legal Question in Criminal Law in California

Fasle charges of resisting arrest

My boyfriend was out with some his friends at a well-respected recreational buisness for a couple of hours playing entertainment games. When him and friends got ready to leave due the service not being very kind. On, their wayout the security guard comes chasing after my boyfriend yelling he has a gun and telling my boyfriend to get on the ground. My boyfriend said he did not have a gun and that he was not going to get on the ground. Somehow a police car showed up and demanded that he get on the ground as well. He did and was arrested. After, they searched his car the security guard & other police officer found no gun. My boyfriend is being charged for resisting arrest even though there was no crime committed. What should he do???


Asked on 6/22/04, 5:05 pm

3 Answers from Attorneys
Gabriel Silvers Law Offices of Gabriel Silvers

Re: Fasle charges of resisting arrest

He should consider getting an attorney. If he wants to privately retain an attorney, he can call me at (310) 977-6711. Otherwise he can use the public defender when he goes to court for his arraignment.

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Answered on 6/22/04, 5:54 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: False charges of resisting arrest

Thank you for your posting.

What should your boyfriend do if he has been falsely accused of a crime he didn't commit? He should get a professional to fight or defend against the charges!

There are a number of possibilities from the limited facts you've given, including asserting an imperfect self defense theory, or even bringing a motion to exclude evidence on the basis of an improper (or non-exigent) search. An attorney is best if you are honestly interested in fighting these charges.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 6/22/04, 6:24 pm
Terry A. Nelson Nelson & Lawless

Re: Fasle charges of resisting arrest

Simple -- first, hire an attorney to defend the criminal charges to avoid being convicted. Then, if there are grounds to do so when the case is over, file an action for false arrest against the business. Contact me to discuss doing so if interested, I can help.

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Answered on 6/22/04, 6:28 pm


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