Chicago Criminal Lawyer Blog
Nobody really likes to get arrested unless they are running away from an even greater threat to their lives. Therefore, the crime of resisting arrest in Chicago is not as uncommon as one might first assume. Currently this is considered to be a misdemeanor which is a follow-on offense that is separate from the original reason why the person is being arrested in the first place (see People vs Wishard). The law requires complete compliance with the law enforcement agencies unless there are some other compelling reasons such as a health emergency. Some over-zealous officers use this law in order to intimidate and then implicate citizens for purposes of blurring some other type of evidence. Quite often when an officer is caught up in dubious shooting episodes, he or she invariably come up with a defense to the effect that the shooting was justified because the suspect was resisting arrest.
Legal Implications and Strictures
Needless to say, an attorney is important in such cases, not only because he or she is able to challenge the version of events that is presented by the government agency, but also because an attorney can help the panicked suspect not implicate him or herself further. You would be amazed at how many criminal cases are effectively surrendered by the defendant on the first night in a cell precisely because he or she volunteers information through disorganized semi-confessions. One of the problems with the law relating to resisting arrest is the fact that it is so vaguely worded that it can encompass a wide range of behavior that would in some instances be reasonable and in others less reasonable. Similarly, the sentencing guidelines for the misdemeanor are extensive and varied. They include fines, probation, community service, and custody. The criminal record can provide some challenges in the future with respect to employment prospects.
