Asked in Criminal Law for Georgia

Q: Not answering door. Hindering? Arrest warrant

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A conviction for misdemeanor obstruction or hindering an officer requires proof of some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance. West's Ga.Code Ann. § 16–10–24(a). Martinez v. State, 743 S.E.2d 621 (Ga. Ct. App. 2013).

The State need not prove forcible resistance or violence to sustain a conviction for misdemeanor obstruction, and it follows that an officer need not wait until a person attempts to strike him before he can arrest that person for obstruction. West's Ga.Code Ann. § 16–10–24(a). Brown v. State, 739 S.E.2d 32 (Ga. Ct. App. 2013).

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