What is Resisting Arrest?

Finding yourself at odds with the law can be overwhelming. You may not know where to start or how to navigate the complexities of the criminal justice system. It’s during these times that the services of a seasoned criminal defense lawyer in Illinois come in handy. This guide provides the steps to handle criminal charges effectively, from arrest to trial.

What is Resisting Arrest?

Firstly, it’s vital to understand the nature of your charge. Resisting arrest in Illinois refers to the act of interfering with or obstructing a peace officer’s duties, which can involve refusing to comply with lawful orders or physically struggling during an arrest. It’s a Class A misdemeanor in this state, which carries potential jail time and fines.

In this guide, you’ll find:

  • Understanding your charge
  • After your arrest
  • Hiring a criminal defense lawyer
  • Preparing for trial
  • FAQ about Resisting Arrest

Here’s a closer look at each.

Understanding Your Charge

Knowing the specifics of your charge is a crucial first step. In Illinois, resisting arrest usually means that you knowingly obstructed a peace officer, firefighter, or correctional institution employee from performing their duties. It’s important to remember that you have a right to a lawyer who can explain your charges in detail.

Related: What are the consequences of shoplifting in Illinois?

After Your Arrest

After your arrest, you have the right to remain silent and to an attorney. Use these rights. Anything you say can be used against you in court, so it’s often best to wait for legal counsel before making any statements. Request a lawyer at the earliest opportunity and avoid answering any questions until your lawyer is present.

Hiring a Criminal Defense Lawyer

Having an experienced criminal defense lawyer on your side is pivotal. They’ll guide you through the legal process, fight for your rights, and work to secure the best possible outcome. Look for a lawyer who specializes in your type of case and has a successful track record. Don’t hesitate to ask questions about their experience, strategy, and fees before making a decision.

Related: How a DUI conviction in Illinois can ruin your life

Preparing for Trial

Your lawyer will help you prepare for your trial. This preparation includes gathering evidence, identifying witnesses, and developing a defense strategy. They’ll also help you understand courtroom procedures and what to expect during the trial. Remember, the prosecution must prove beyond a reasonable doubt that you’re guilty. Your lawyer will challenge the evidence and aim to create that doubt.

FAQ About Resisting Arrest

Check out these commonly asked questions about resisting arrest. If you don’t see the answers here, please call our office, and we’ll provide the information you need.

What are the penalties for resisting arrest in Illinois? 

In Illinois, resisting arrest is a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $2,500.

Related: What happens if you’re charged with battery in Illinois?

Can resisting arrest charges be dropped? 

Yes, under certain circumstances, such as if the arresting officer used excessive force, or if the arrest was unlawful, the charges could be dropped.

What constitutes a lawful arrest? 

A lawful arrest occurs when a police officer has a warrant, observes a crime being committed, or has probable cause to believe you’ve committed a crime.

Can I resist an unlawful arrest? 

While technically you may have the right to resist an unlawful arrest, doing so can be risky and potentially lead to additional charges. It’s typically better to comply and later contest the legality of the arrest in court.

Related: How to choose the right criminal defense lawyer in Chicago

Your encounter with the criminal justice system may feel overwhelming, but knowing what to do can make all the difference. The services of an experienced criminal defense lawyer, understanding your charges, and knowing what to expect are pivotal in securing the best outcome. Stay informed and remember, you don’t have to navigate this journey alone.

Do You Need to Talk to an Attorney?

If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.

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