If you were to ask a Jacksonville criminal defense lawyer when was a good time for his or her client to resist an officer, the most likely answer you would get is, “never”. Most of the time, resisting an officer invites unwanted trouble. Over the years I’ve seen many clients who could have avoided arrest all together by simply relaxing. Whatever the reason was that the officer had to “harass” the client went away, but the Resisting Without Violence offense that came as a result of the client walking away when the officer had a legally valid reason for the stop would still stick around; often leading to a night in jail and unnecessary court costs and other fees.
In a July 23, 2014 article entitled Know Your Rights Under Florida Law, I discussed some of the basics regarding what you should do (and not do) when you encounter police. That article also contains a link to an ACLU rights card that is available as a free download and is very informative about your rights. It is never a good idea to physically resist an officer, with incredibly limited exception. Usually, the consequences of not putting your hands behind your back as directed means an additional offenses being charged, additional fines, and the like. Well, in the case of 43 year old Eric Garner, the ultimate price was paid after Mr. Garner refused to be taken in to custody in New York.
Eric Garner died after being placed in a chokehold by police while officers tried to subdue Mr. Garner, who pulled away when they attempted to arrest him for illegally selling cigarettes, according to FindLaw.com. An eyewitness recorded the entire incident. //www.youtube.com/watch?v=5LSBpwmMnVM Continue reading