Resisting Arrest
There are many instances when police will arrest people for what is commonly known as “resisting arrest,” but is charged in Indiana as “resisting law enforcement.” Generally, arrests on this basis are made when police are called to a gathering of people, be it public or private, and they instruct someone at that gathering to leave. If there is a refusal by that person, or any type of physical resistance, an arrest may be warranted.
Such an arrest can be for any conduct that runs interference with a police officer’s “stated” intention. Such an intention, no matter what it may be, can be communicated by simply turning his or her siren on, making a verbal command, or flashing lights. And if the officer assesses a citizen’s action (such as pulling in front of his or her patrol car that is trying to pass) or inaction (such as not pulling over when pulled behind) as interfering with the performance of his duties, the officer may elect to make an arrest.
Because the definition of “resisting law enforcement” is very broad in the Indiana statute, police have wide latitude to make arrests on this basis. There are a number of circumstances in which they may use it, much like the wide circumstances under which an arrest for “disorderly conduct” can be made – although a different basis for arrest.
No criminal charge should be taken lightly, and do not make the mistake of underestimating what such a charge and conviction could mean for you. Depending on the county in which you were arrested, the circumstances of the arrest, or any prior legal problems that you may have had – the consequences could present severe hardship. Therefore, you need a lawyer to make sure that the consequences of such a charge are as minor as possible. If you have been charged with resisting law enforcement, call me immediately for your free consultation; it may be the most important call that you will ever make.