Resisting an Unlawful Arrest: Legal Strategies and Rights

Understanding an Unlawful Arrest

While your likelihood of being unlawfully arrested is extremely rare (1 in 1000), resisting such an arrest can have significant legal consequences. If you do not comply, the responders will use all necessary force, and you will likely be charged with resisting arrest, regardless of the eventual outcome of the original charges.

Legal Options and Responsibilities

Your primary duty when being arrested is to comply with lawful orders. Your arrest is a judicial matter, and only a court can determine its legality. Attempting to challenge an arrest on the spot can escalate the situation and make your legal troubles worse. Here are some key points:

Compliance: A Necessary First Step

The most effective way to resist an unlawful arrest is to comply with all lawful orders and go to jail quietly. Afterward, you can contact an attorney to file a suit against the law enforcement authorities. Complying and seeking legal advice later is a smart strategy.

Consequences of Resistance

Resisting arrest is a serious crime. If you resist, the law enforcement officers will use all the force necessary to subdue you. As a result, you will still be arrested, and even if the original charges are eventually dismissed, you will be charged with resisting arrest. This can significantly impact your legal situation and bail amount.

Passive Resistance: Going Limp or Verbal Protest

The most peaceful way to resist an unlawful arrest is through passive resistance by going limp. This means not fighting the officers, but not actively resisting either. Verbal protests can also be effective. You can articulate your objections, and if recorded, this can serve as evidence of the officer's misconduct. Still, it is important to remember that any form of active resistance can be legally problematic.

The Role of the Courts

While you have the right to protest and voice your objections, the real venue to contest an unlawful arrest is in the courts. Documenting the arrest thoroughly, including any verbal exchanges or recordings, can provide critical evidence in any subsequent legal proceedings. Your attorney can use this evidence to challenge the legality of your arrest. Attempting to handle the situation on the spot can lead to unnecessary escalation and legal complications.

Conclusion

When faced with an unlawful arrest, your best course of action is to comply with the lawful orders, ensure your rights are documented, and seek legal representation. Passive resistance like going limp or verbal protest can be effective, but the ultimate resolution should occur in the court of law. Educating yourself on your rights and understanding the consequences of your actions can help you navigate such situations more effectively.