The vast majority of policemen and women around Australia are very hard-working, conscientious and careful to perform their job correctly. If it weren't for these individuals, life would be very difficult and they strive to enforce rules and regulations set out to protect society. However, on occasion, they may get things wrong and this may impact you if you're unlucky enough to be in this situation. What should you do if you think that you've been improperly charged with resisting arrest, due to your assertion that you are innocent?

How Things Can Go Wrong

It's a very unpleasant experience to have been accused and subsequently arrested for a crime that you did not perpetrate. You may forcibly protest the situation and maintain that you are innocent when the arresting officer tries to take you into custody. However, the police officer will look at it from a totally different point of view and may not be willing to listen to what you have to say. 

Obviously, this situation is very volatile and the arresting officer may quickly determine that you don't intend to comply with their requests. It's easy to see how the situation can develop into one where they accuse you of resisting arrest.

What's the Definition?

In this situation, definitions are open to interpretation. You may not have physically struggled with the officer, or tried to avoid the handcuffs. Nor does it mean that you necessarily tried to escape. The officer could maintain that your behaviour was "threatening" and led to this situation.

What's Expected of You

Nevertheless, the law does clearly state that you are not allowed to resist arrest even if you feel that it is in error. You may think that the arrest is in itself unlawful, but you're expected to cooperate.

Defending Yourself

If you're eventually convicted of resisting arrest, there can be quite a stringent penalty, so the first thing you need to do when the dust has settled is to convince the prosecutor that charges should not be brought. If there were mitigating circumstances, then you should reveal these now. For example, was the officer overly aggressive and unjustified at any point of the proceedings? Your ability to defend yourself in this type of situation has to be proportional to whatever aggression is displayed.

Were There Witnesses?

It's best if you can bring witnesses to your defence, especially if they can show that you weren't resisting arrest in the more conventional sense.

How to Proceed

In every situation, you will need a qualified criminal lawyer to help you stand your ground. They will be able to look into the history of the officer in question, to see if they've been accused of improper arrest before.

Contact criminal lawyers in your area for more information and assistance.