Resisting Arrest and Its Conviction

Some persons avoid to be arrested after committing crime when one runs away from the officer appointed by the government to catch the culprit who does something against the law. This type of crime is termed as “obstruction” in some states. The person who is evading arrest and playing hide and seek with the police from being caught by them is said to be obstruction, the crime in some of the states in USA.

The nature of the crime, whether it is a felony or misdemeanor is decided on the basis of the gravity of the actions of the culprit says Attorney Miya Griggs. The public prosecutor is supposed to submit enough proof against the defendant to convict him. There are four basic elements of the crime and the judge has to ensure that the lawyer has produced sufficient evidence against the culprit to convict the guilty. It is possible that the elements of the crime could be different in the states.

The accused intentionally stopping the official appointed for the implementation of laws means that the guilty is evading the arrest. Sometimes, the defendant does not want anyone to be injured as a result of his actions and inspite of that the guilty person threaten the police officer with dire consequences if he is arrested like threatening the law enforcement officer to hit him with whatever the accused has in his hands is said to be acting violently.

The officials appointed in traffic, police and judiciary are performing their duties properly says Attorney Miya Griggs. These officials are maintaining the traffic and busy in solving the crime. The law enforcement officers are taught to treat all whether they are wrong or right within the framework of law.

The definition of “law enforcement officers” is different in different states. These officers are appointed separately for keeping peace in the community besides police officials, custom officers and other officers who are deployed to ensure laws are being properly enforced. Prison guards, probation officers, officials who have been appointed for granting parole to the prisoners, municipal officers who supervise parks and many others are also said to be peace keeping officer says Attorney Miya Griggs.

The defendant usually clash with private security guards to evade arrest because they are not employed by the government and generally treated as private citizens and not peace keeping officers. Hence, if the offender dares to confront security guards to avoid arrest, the guards are most often unable to enforce arrest laws. Some courts approve that law enforcement officers working as private security guards when not on duty can arrest the guilty who is resisting the arrest laws.

Originally Posted: https://attorneymiyagriggs.wordpress.com/2020/10/15/resisting-arrest-and-its-conviction/

Attorney Miya Griggs is a business professional with over 10 years’ worth of experience in complex litigation and project management.

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