Legal Question in Criminal Law in California
me and some friends decided to go smoke a cigarette in the backyard of a abandoned house. My friends house was a house or two away. my friend yelled run and we all ran and jumped the fence. I ended up separating from my friends and ran. Eventually i saw a cop a ways behind me and when i looked at him he told me to freeze.I than stopped turned and obeyed the officers commands. He asked me why i ran, i told him i panicked and ran. He than arrested me for 148(a)(1) PC even though all my other friends ran and got caught. They were let go and i was the only one arrested. Will this charge stick?
2 Answers from Attorneys
In order for them to get you for 148, you must do something that resists, obstructs or delays the officer in their duties. Running alone may not be enough. If you stopped once ordered to do so, you may have a defense. 148 is often the arrest charge for "contempt of cop", but it may not be enough to convict you.
This won't be a do-it-yourself project though. You'll need an attorney - either hired or a public defender if the judge appoints one.
Why would you smoke in back of the abandoned house and not your friend's, which was only 2 houses away?
Hint: attorneys are not stupid.
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