Assaulting, Resisting, and Obstructing an Officer

Z0Z0 · #1 04-10-2009, 08:04 PM

My question involves criminal law for the state of: Michigan. Genesee County.

Okay, so I was arrested several months ago on several counts, including Assaulting/Resisting/Obstructing:A Police Officer, Alcohol-Purchase/Consumption/Possession By a Minor, and a Curfew Violation

Here's how everything went down.

Me and my friend Bob, who are both under the age to buy, or consume alcohol found a pint of Whiskey, and drank the contents of the bottle. We decided to go for a walk in the middle of the night, say 2:00. We walked down town and on our way home a cop stopped on the side of the road, and preceded to shine his spot light into our eyes. Us, being dumb decided to run, we took off but he chased us in his car, and quickly caught us and cut us off. Being a smoker I stopped before the officer was out of his car I was getting on the ground, to be put in cuffs. I was on my hands and knees on a small slab of concrete, getting onto my stomach, and I was tackled by the police officer, and put into cuff, and put into the police car. I was breathalyzed in the car, but was never told my results My friend was hiding, and was apprehended soon after.

Now my friend, on his court papers recived the following offences: Resisting Arrest, Alcohol-Purchase/Consumption, and a Curfew Violation.

I want to know why I would get charged with Possession of alcohol, and also be be charged with Assaulting, Resisting, and Obstructing an officer, when I was getting on the ground, to give up.

Any help would be appreciated very much/

Mr. Knowitall · #2 04-11-2009, 07:12 PM

Because you ran away.

I suggest that you consult a criminal defense lawyer.

cyjeff · #3 04-11-2009, 09:33 PM

Agreed.

When you ran away, you resisted arrest.

Z0Z0 · #4 04-12-2009, 03:57 PM

Okay, the resisting arrest makes sense, but why would I get assault ?

Z0Z0 · #5 04-14-2009, 09:32 PM

My family decided to pay for a lawyer for me, until I have the money to pay them back. So that should help me out a little bit.

Also will my friend, who also got an MIP be aloud to testify on my behalf ?

divemedic · #6 04-15-2009, 02:33 PM

What could your friend possibly have to say that would help you?

The Pale Horse · #7 05-31-2009, 08:35 AM

Quoting Z0Z0

Okay, the resisting arrest makes sense, but why would I get assault ?

this is considered an assaultive crime under a assaultive statue, to be convicted of a assaultive crime without the assault is beyond me. There is no law in mich that states you have to wait for the police to ask you any questions. In fact, you have the right to not answer anything and just walk away. If you are not under arrest, or suspected of committing a crime, jst flight itself should not be a crime, and thats the angle I would pursue.

BOR · #8 05-31-2009, 08:57 AM

Quoting The Pale Horse

this is considered an assaultive crime under a assaultive statue, to be convicted of a assaultive crime without the assault is beyond me. There is no law in mich that states you have to wait for the police to ask you any questions. In fact, you have the right to not answer anything and just walk away. If you are not under arrest, or suspected of committing a crime, jst flight itself should not be a crime, and thats the angle I would pursue.

Assault can not happen without a "touching" of the person, however slight, so the poster has left something out.

As far as "sudden flight" itself, per Wardlow, it can not be a crime, although a basis for a Terry stop.

http://www.law.cornell.edu/supct/html/98-1036.ZS.html

One pursued, if there was a verbal order to STOP, and he did not, then it could be criminal yes, resisiting, etc.

The Pale Horse · #9 05-31-2009, 09:05 AM

Quoting BOR

Assault can not happen without a "touching" of the person, however slight, so the poster has left something out.

As far as "sudden flight" itself, per Wardlow, it can not be a crime, although a basis for a Terry stop.

http://www.law.cornell.edu/supct/html/98-1036.ZS.html

One pursued, if there was a verbal order to STOP, and he did not, then it could be criminal yes, resisiting, etc.

From the way it read, he ran before the police even exited the vehicle so there was no verbal at the tyme, when one was given, he complied. As far as the assault, he laid on the ground, so there was no assault. As I stated, this statue is intended for those that assault the police "after they have be arrested or detained".