Legal Question in Criminal Law in California

resisting unlawful arrest

I was unlawfully arrested for trespassing at my own

residence where I pay rent, by my fiance who called

police and signed a citizens warrant for my arrest! We

have a lease together! The police warned me to leave

the residence but I came back later on and she called

the police back. They arrested me for trespassing and

wouldnt listen to my claims that I lived there. I

resisted arrest but not willfully.My fiance says that

she was not contacted by the arresting officers to

give her consent to arrest me (as was stated in the

police report) Now I face two charges which also

violated my probation and was thrown in jail. I have

provided proof that I was not guilty

of trespassing by virtue of my lease agreement.The DA

says he will drop the

trespassing if I plead guilty to the resisting charge.

My jury trial is in 2 days. My PD says if I don't beat

both charges that the judge ruling on my probation

violation has stated I will go to prison for 16 months

for this! Please help. How can I best defend myself

for resisting this arrest? I was not guilty of the

crime I was being charged with? Will this help my

defense--or does it matter since I was on probation

and was supposed to have no po


Asked on 8/11/01, 7:06 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: resisting unlawful arrest

You're two days before a trial and you're now asking for help. You need some help, but it's probably too late to find out if you've got a chance at the trial. I'd ask the judge to assign you a public defender and some extra time to prepare a defense. If you have the financial where with all to hire a private attorney then do so immediately. When the new attorney(s) report for trial they should be able to get a continuance.

Lots of luck

Read more
Answered on 8/13/01, 2:37 pm


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