A resisting arrest conviction can have serious consequences, including fines, probation, and even jail time. The resulting criminal record can also have a lasting impact on your life, both professionally and personally. It is important to remember that you have legal rights and options available to you to avoid a conviction and have your charges dropped whenever possible. You may be wondering how to get resisting arrest charges dropped.
Lizzy Bunker, Attorney at Law, knows how to best defend people facing criminal charges and will do everything we can to protect your rights and your future. Never try to face resisting arrest charges alone – contact us today to discuss your case with an experienced New Mexico criminal defense lawyer.
What is Resisting Arrest in New Mexico?
Resisting arrest occurs when you criminally resist, evade, or obstruct a police officer trying to arrest you. The offense also includes fleeing the police when you know they are trying to arrest you or not stopping when the police are pulling you over.
Resisting arrest is a serious legal matter, and the authorities aggressively pursue convictions that can result in severe legal and collateral consequences. Unfortunately, this often means that law enforcement makes false accusations of resisting or prosecutors pursue charges without sufficient evidence.
Law enforcement might be offended or dislike your conduct during an arrest, but it does not necessarily mean you committed the offense of resisting. Further, some officers allege resisting as a way to justify their own excessive use of force or other unlawful behavior. Never assume a conviction is inevitable, as our criminal defense attorneys can assess how to best challenge your charges, given your circumstances.
The Consequences of a Resisting Arrest Conviction
If you are convicted of resisting arrest, it can affect your life in many ways. Some potential legal consequences of a resisting arrest conviction include:
- Probation
- Fines
- Community service
- Jail time
- More severe penalties for future criminal allegations
Importantly, the consequences of a resisting arrest conviction do not stop here. A criminal record for resisting arrest can result in significant collateral consequences that can come up years or even decades after your sentence has ended.
For example, a resisting arrest conviction can make it harder to get into the college or university of your choice or even rent an apartment. Similarly, a conviction could prevent you from getting a job or even get you fired from your current position. While New Mexico’s ban-the-box law prohibits questions about criminal backgrounds on initial job applications, it does not prevent employers from conducting criminal background checks later in the hiring or employment process.
Fortunately, there are often ways that a skilled criminal defense lawyer in New Mexico can minimize or eliminate such consequences.
How a New Mexico Criminal Defense Lawyer Can Help Get Resisting Arrest Charges Dropped
If you are facing resisting arrest charges in New Mexico, immediately seek the assistance of a skilled criminal defense lawyer who knows the specific laws and procedures in your jurisdiction. Lizzy Bunker, Attorney at Law, has extensive experience defending clients against resisting arrest charges and can provide the guidance and representation you need.
First, a skilled criminal defense lawyer will thoroughly evaluate your case, examining the evidence, witness statements, and any potential legal issues. They will assess the strengths and weaknesses of the prosecution’s case against you. By conducting a detailed analysis, your lawyer can identify any legal defenses or mitigating factors that could lead to a reduction or dismissal of the charges.
Some common defenses to resisting arrest charges include:
- The police had no legal reason or insufficient evidence to arrest you
- The arresting officer used too much force
- You reacted without meaning to resist
- You didn’t know it was a police officer
- You used reasonable force to protect yourself or someone else from police harm
Filing Motions With the Court
One effective strategy your defense attorney might pursue to get your charges dropped is filing motions with the criminal court overseeing your case. By submitting persuasive and supported motions, your attorney can request the judge to dismiss the charges or suppress key evidence. This approach often leads prosecutors to reconsider the case and may result in a favorable outcome for you.
Seeking to get the charges dropped by the judge, your attorney will present compelling arguments and evidence to support your defense. They will scrutinize the arrest process, questioning the legality of the circumstances surrounding your arrest. By highlighting any violations of your constitutional rights or procedural errors, they aim to convince the judge that the charges should be dismissed.
Additionally, your attorney may file a motion to suppress key evidence. This entails challenging the admissibility of evidence that was obtained illegally or in violation of your rights. By discrediting the evidence against you, your attorney weakens the prosecutor’s case and increases the chances of dismissal.
Filing motions with the court is a strategic legal maneuver that can significantly impact the outcome of your resisting arrest case. Such motions are complicated and sophisticated legal documents, so you always want a highly experienced defense attorney to draft and argue motions in court on your behalf.
Negotiate a Plea Bargain
If our charges are not dropped completely, your attorney can still take steps to seek a reduction of charges or penalties. When appropriate, your criminal defense lawyer will engage in plea negotiations with the prosecution on your behalf. They will use their experience and knowledge of the law to seek the best possible outcome for your case should you decide to plead guilty. This may involve negotiating for reduced charges, lesser penalties, or alternative sentencing options that minimize the impact on your life. Your defense lawyer should carefully weigh with you your options of accepting a plea deal or challenging your charges at trial.
Representation in Court
If your case goes to trial, your New Mexico criminal defense lawyer will provide skilled representation in the court. They will present a compelling defense, cross-examine witnesses, and argue your case before the judge and jury to obtain an acquittal of charges whenever possible.
Still Wondering How to Get Resisting Arrest Charges Dropped? Contact Our Team Today.
Resisting arrest charges can have serious consequences, both legally and personally. Still wondering how to get resisting arrest charges dropped? Contact Lizzy Bunker, attorney at Law today. Lizzy Bunker has a track record of successfully defending clients against resisting arrest charges, including getting charges dropped when possible.
Call Lizzy Bunker, Attorney at Law, today at 505.464.4844 or contact us online for a confidential consultation.