When you are under arrest, are you the type to question authority and fight back? It is public knowledge that police officers have, on occasion, resorted to beating and assailing suspects with stun guns for struggling and “resisting arrest.” This is what some law enforcers do so that they then have the right to arrest a person, even when they are without sufficient legal basis to do so.
Resisting Arrest, Obstruction of Justice, and Obstructing a Police Officer are the three charges that prosecutors and law enforcers use to serve as legal reasons to justify an arrest.
Noll Law Office talks about how civil rights lawyers in Springfield, Illinois deal with police brutality and other forms of violence, such as the charge of resisting arrest. It is crucial for an experienced and aggressive civil rights lawyer to handle a case such as resisting arrest with a firm stance, yet with a sense of compassion and understanding.
It is commonplace for police officers to claim that a suspect was acting violently and resisting arrest so that they can justify beating the person under arrest. It is a strategy some Illinois police officers employ, which can be detrimental to the accused individual. Although in many instances the suspect is, in fact, guilty of a criminal offense, the arresting officer must always respect and uphold the individual’s human rights, regardless of the charge.
What to Do When Arrested
It is a must that you assert your constitutional rights when you are under arrest. Your basic rights as a citizen under arrest are in the Fifth, Sixth, and Eighth Amendments of the “Bill of Rights” of the United States Constitution. The Fourteenth Amendment to the Constitution also states the guarantee of these rights. These constitutional provisions which serve to protect you as a citizen are also in the “Bill of Rights” of the Illinois Constitution.
More often than not, there should be a warrant for your arrest. If it happens that you are under arrest, with or without a warrant, it is necessary that the authorities bring you before the most accessible judge, as soon as possible.
It is important that you know your rights, but when a police officer attempts to arrest you, you should cooperate – even when you know that you are a hundred percent innocent. Being innocent does not invalidate the arrest if it is legal, and retaliating will only lead to a Class A demeanor. If the arrest is illegal, that’s when you can seek legal counsel to press charges against the law enforcement officer for false arrest.