If a person engages in any conduct that either obstructs, resists, or delays a police officer in the lawful performance of their duties, the District Attorney will file misdemeanor charges alleging a violation of Penal Code Section 148(a)(1). If convicted, the accused faces up to a year in custody.
Unfortunately, the threshold for violating this statute seems relatively low, and the victim is always a police officer. That could very well mean that it’s going to be your word versus the officer’s as to what exactly happened at the time of the arrest. The officer will commonly have other officers willing to back up his version of the events, and they will likely contradict your version. Accordingly, an aggressive defense is imperative.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
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