Charged with Resisting Arrest, Disorderly Conduct, and Public Intox

My question involves criminal law for the state of: Indiana. Last night i was arrested for resisting arrest, disorderly conduct, and public intox. I was in a bar and a fight broke out near me so I put my hands out so I didn't get hit, an Officer grabbed me by neck slammed me to the ground and dragged me out of the bar. At no point in time did he say he was an Officer until we got outside where I could actually comprehend what is going on. While he was choking me and dragging me i was grabbing onto objects cause I was in fear of my life. Once outside I complied with the officer 100%. Could this charge be dropped seeing that i did not know it was an officer and he never announced it to me nor did he say stop resisting at any point? Also he did not read me my Miranda Rights and they never breathalyzed me so in could all these charges be dropped? I have pictures of all the wounds that I have received from the officer as well.

Thank You

About 90% of arrests will never require you to be read your Miranda rights. So, unless the state intends to use statements made by you against you in court, Miranda is not an issue.

Yes, your attorney can certainly try to argue that you did not know the officer was an officer and you never saw him (or her) until outside. That may or may not fly depending on what the officer and other witnesses might have to say. I had a woman make that claim when I took her down, but it was kind of hard to argue with who I was given I was in full uniform and she had actually been speaking straight to me moments before our altercation. A lot will depend on the totality of the circumstances.

It's possible the matter might be dropped as the problem was settled by the arrest. Or, you might have to go to trial. A breath test is not required to show that a person was engaged in a fight or scuffling with the cops. Even public intoxication would not require a breath test or any other chemical test. A test helps, but is not required. You were in a bar, the officer will probably testify that you exhibited the objective symptoms of alcohol intoxication, and that you were engaged in a fight. Your attorney will try and counter those observations by establishing reasonable doubt (likely by trying to get the officer to agree that there could be other reasons for his observations).

Consult legal counsel.

As a note, I recall a particular case rejection for a bar fight by my former DA where he wrote back (in a case regarding two numb-nuts who went at it in a bar): "No charges filed. Drunks doing what drunks do."

Bottom line is that people drink in bars and they get into fights. If you don't want the drama or the trouble, drink at home.

Yes, I understand people fight but in no way was I involved in the issue I did not know either of the people. At that moment I was trying to leave the bar. Also the cops made no presence until the fight actually escalated so I didn't know any cops had been there at tat moment when i got choke slammed. And yes, I am definitely getting an attorney. Thank you for your quick response!