Wednesday, March 23, 2016

How to legally resist an unlawful arrest?

In the past, as strange as it may sound, American citizens were allowed to lawfully and legally use reasonable force up to a certain degree to resist what they considered an unlawful arrest. However, this inevitably fostered violence and the laws most definitely had to be amended and so they were amended and Kentucky criminal defense lawyers know all about this.

These amendments were passed in the majority of American states, but however, to this day there are some states that continue to follow this rule and allow their residents to use reasonable force to resist unlawful arrest.

In the states where the laws were changed, the clause would usually be worded a little something like this: you cannot use force to any degree whatsoever in order to resist an arrest, be it a lawful arrest, or an unlawful arrest. In fact, resisting arrest is a criminal misdemeanor charge that on its own attracts certain legal consequences.

Do not make things worse. You will be able to get out soon and when you do, go right here: Criminal-Defense.USAttorneys.com. Prove you are innocent and that the police have wasted their time too, not just yours.

How to Resist the Urge to Resist an Arrest Using Force

Don’t do what Michael Brown did in Ferguson since then you will be shot and killed. Do not attack the police and try to gain access to the car and try to reach for their weapon. Don’t walk in the middle of the street either and act like you own the community since if you do not work hard, pay taxes, and contribute to this country you do not own anything.

As human beings with emotions and morals, we are all taught to fight for what we believe and stand up for ourselves while growing up and this is especially true for us Americans, we value our freedom and rightfully so.

Therefore, it is understandable that when you are being arrested for no fault of your own or you are being detained unlawfully or unconstitutionally where your rights are being violated you will want to react and lash out and do everything you can in your power to stop it from happening. However, the bottom line is that it is illegal and it will only make matters worse for you.


Have you see the show Breaking Bad? In season 5, Jesse Pinkman (Aaron Paul) was being forced to “cook” meth for white supremacists so they can sell it to Europe. He tried to resist this but they murdered his girlfriend to keep him going and then threatened to murder her son. Jesse could have avoided this if he escaped in the desert and did other things to help out his cause but that is another story, he was not the smartest person around. With that said, Pinkman was illegally arrested and held against his will by these white supremacists. The police will not do this but you have the right to fight back against a wrongful arrest.

Furthermore, remarkable criminal defense attorneys in Kentucky tell us that the best way to resist this urge is to remain calm and know that an arrest is only an arrest and not a conviction. This holds well even if you are falsely arrested for a DUI.

Sometimes wrongful arrests do take place and you will get your chance in court to set things right. That is when you need to stand up for your freedom and for yourself. If it is found that you were unlawfully arrested you can even in some cases go ahead and sue the police officer or the police department or the state itself for their slip up.

Innocent Until Proven Guilty

As per criminal defense lawyers in Kentucky, you are innocent until proven guilty. Therefore, being placed under arrest does not mean that you are guilty. It only means that you are being suspected. The judicial system will allow for you to plead – you can plead guilty or not guilty or with no contest.

This is not Cuba, you have a say!

If you are awaiting your preliminary hearing after an unconstitutional arrest, you need the professional help of criminal defense lawyer in Kentucky to defend you and beat your case. Do not waste any time in consulting a legal professional if you feel you are the victim of such an unlawful arrest or some other form of police unfairness. Make the call! Get some legal help! File a lawsuit against the police if you have to. 

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