Obstruction of an Officer, Non-Violent

[mmm99mmm]

My question involves criminal law for the state of: Florida

Hi, I am 23, work full time, and go to college part time.

I have no criminal record in Florida, and a misdemeanor theft from California (5 years ago)

I was at a fast food restaurant parking lot on my pit bike, (small dirt bike) waiting for a friend ordering food. This restaraunt is fully accessible by neighborhood back roads in a relatively busy city. So i was never on major roads. .. I was doing small maneuvers in the parking lot until my friend was about to order, i noticed a cop car a couple hundred feet away in an apartment complex looking in my direction. (couldnt tell if anyone was in the car or not) i didnt want my new toy taken away so i told my friend ill meet him back at my house. i took off on the bike and the cop started following me but no lights. i panicked SO BAD and just throttled and it and tried to get home ASAP. big mistake....i ended up getting home, about .4miles away but not before there were 6 cops involved. so i parked in my driveway, than got my ass kicked and my bike towed off my property...my right leg is destroyed and i got kneed in the face, punched in the side and verbally assaulted. i told them my acl hurts and they laughed and said shut up, your lucky we didnt let the dog out on you.


all in all i suppose it could have been worse... but there were no drugs or alcohol involved, i wasnt running for any reason other than i panicked and my adrenaline went NUTS!!

they charged me with

1) wreckless driving (traffic ticket)
2) officer obstruct/ without violence

Im worried about the last charge...am i looking at jail time? i know its up to a year for this kind of misdemeanor but given the details above...would a plea bargain for 48hours community service and 1 year probation and a few grand in fines make them happy enough, or something along those lines?

The cops were really cool after they realized i wasnt much of the "criminal" type and i just made an idiotic decision. I didnt fight back at all and was %100 cooperative. they let me put my bird away in its cage and they called a family member for me on their phone to let them know what happened. what im worried about is that the D.A. might want to up the charges based off the report even though the police officer just put down the misdemeanor version... he didnt charge me with driving an unregistered offroad vehicle, no headlight, no M1 license, ect...

I work full time and go to take classes at a local community college, I got nervous and made a huge mistake...where am i at right now?

Any responses are appreciated, thank you in advance.

[flyingron]

Reckless, not wreckless.

You need a lawyer. Even a misdemeanor is serious.

[mmm99mmm]

thanks for the response.

anyone with a more detailed answers to my questions? I do plan on meeting with a lawyer ....

[flyingron]

What do you want to know? Jail time is always a possibility, but not likely. Your chance to plea bargain without a lawyer is slim, and a lawyer can tell you what he's likely to be able to work out.

[mmm99mmm]

Thanks i was just hoping for the "not likely" from someone with legal experience. Its a little reassuring. It was just an impulsive thing I did, obviously a mistake. No intent to harm anyone.


I would agree that without a lawyer things could get bad quick.

[cdwjava]

You face up to one year in jail and up to $1,000 in fines for the resisting charge (PC 148(a)), and between 5 and 90 days in jail and between $145 and $1,000 in fines for the reckless driving (VC 23103). So, you face a mandatory minimum of 5 days in jail if you are found guilty of that offense. However, this is often suspended.

More than likely you will face hefty fines (and you can count on at least as much in fees and assessments as are imposed in direct fines), probation for two years or more, and maybe some community service in lieu of jail time.

A plea bargain is not a do-it-yourself project. If you cannot afford an attorney, the court will appoint legal counsel.

[flyingron]

I think his prior is from California, his current charges are in Florida. The name of the charge "resisting arrest without violence" sure sounds like the Florida statute 843.02. It's a class A mis, same penalties as California though (year in jail and/or fines).

[mmm99mmm]

Correct, i just brought that up in case the California charges from about 5 years ago would have any relevance to my current charges.

I want to plead not guilty at my arraignment. What would happen at that point?

[davidmcbeth3]

My question involves criminal law for the state of: Florida

Hi, I am 23, ... misdemeanor theft from California (5 years ago)... than got my ass kicked and my bike towed off my property...my right leg is destroyed and i got kneed in the face, punched in the side and verbally assaulted. i told them my acl hurts...all in all i suppose it could have been worse...

Well, I guess they could have forced you to marry some girl .. so, it could have been worse!

Used to be you would get your ass kicked and they would just leave you there and go away ... the good old days...

This guy really really needs a lawyer (and a doctor, and a physical therapist, and maybe a priest)

[flyingron]

Most likely, the next hearing will be scheduled, either an actual trial or a preliminary hearing.
Get a lawyer.