Re: Resisting Arrest Charge, Contempt of Cop
You do not have a right to avoid identifying yourself when you are subject to citation or an arrest. You can decline to give a statement, true, but you cannot refuse to identify yourself for a cite or arrest. However, by NOT citing you for the underlying offense, the officer may have undercut his case for the 148. Assuming, of course, that the reason for the arrest was for said refusal.
Your attorney will be able to review the reports and make a better determination than we can here.
Re: Resisting Arrest Charge, Contempt of Cop
I don’t think he could cite me for littering as I was not in a car. However, I did a perfunctory search and it appears that another agency handles those matters in the county I’m in. But obviously Im probably wrong regarding that issue as I’m here pondering and speculating on the situation at hand. But I do agree that the lack of an underlying charge weakens the case...somewhat.
Re: Resisting Arrest Charge, Contempt of Cop
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Quoting
aieaboy
I don’t think he could cite me for littering as I was not in a car.
What makes you think that littering from a car is the only applicable offense? Every city and county has littering ordinances, even some that deal specifically with depositing yard waste, organic waste, etc.
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However, I did a perfunctory search and it appears that another agency handles those matters in the county I’m in. But obviously Im probably wrong regarding that issue as I’m here pondering and speculating on the situation at hand. But I do agree that the lack of an underlying charge weakens the case...somewhat.
All because another agency may typically handle such matters, this does not preclude law enforcement from also handling them. And if the neighbor reported your dumping and you were thought to be obstinate or confrontational, I'm guessing that the police would be more appropriate than Code Enforcement or a simila agency.
And do not count your chickens, yet.
Re: Resisting Arrest Charge, Contempt of Cop
Agree. You obviously have more hands on experience regarding police / criminal matters than I will ever have based on your years of service, since you are a retired P.O. Trust me I’m not counting my chickens whatsoever. Just hoping the procedural due process will work itself out and obviously in my favor. As previously stated 0 criminal convictions. I’d like to keep it that way.
BTW, I sincerely appreciate your input and insight. You have been spot on in a number of issues that you have brought up. Again much appreciated.