Daytona Beach Resisting Arrest Without Violence Resisting An Officer Without Violence

A Daytona Beach resisting arrest without violence charge is a catch all for police. People pick up these charges for voicing disapproval, asking questions, tensing up when being hand cuffed and occasionally for displaying poor manners. While resisting an officer without violence in Daytona Beach is a serious charge these cases can be defended. Some of the common defenses deal with free speech, the officers legal right to arrest or detain, if the accused knew that the person was a police officer, if the officer was performing a legal duty, if the conduct obstructed the officer and if the officer used excessive force. Some officers have a tendency to pile on a resisting charge to give the prosecutor more to work with. Although typically a resisting without violence charge occurs when the officer feels like the accused is giving them a hard time even the Supreme Court believes police should have thicker skin than ordinary citizens. In CITY OF HOUSTON, v. HILL. 482 U.S. 451 the court stated: Although the preservation of liberty depends in part upon the maintenance of social order, the First Amendment requires that officers and municipalities respond with restraint in the face of verbal challenges to police action, since a certain amount of expressive disorder is inevitable in a society committed to individual freedom and must be protected if that freedom would survive. If you are arrested for Daytona Beach resisting an officer without violence contact criminal defense attorney Kevin J. Pitts

About daytonabeachduiattorney

Daytona Beach DUI attorney Kevin J. Pitts handled over 5,000 cases as a DUI prosecutor and defense attorney. Mr. Pitts has successfully completed the 16 hour breath test operator course in Seminole County giving him valuable insight into the Intoxilyzer 8000. If you are fighting a breath test you should have a Volusia County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it. The Law Offices of Kevin J. Pitts has offices in Daytona Beach and Sanford. View all posts by daytonabeachduiattorney

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: