Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing
Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was also hitting me I left found out she called the police so I came back to talk to them upon my return and trying to tell them my side of the store which they weren't interested in listening to one of them just kept yelling at me so I decided to just be quiet when they both came closer to my car the one was yelling at me was right next to it then it appeared to me that he was either about to reach into my car or open my door he never said I was under arrest so I drove off I was under the impression I didnt have to speak if I choose not to It wasn't my intention to break any laws I was just trying to remove myself from the situation since they had no interest in my side of the story anyways
A:
The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.
The two counts of R&O would likely come from two officers present, HOWEVER, that is sometimes the result of a lazy prosecutor. Your attorney will look to see if there are sufficient allegations to support each charge other than mere presence.
Water under the bridge now, but two crucial mistakes you made: 1) return to a scene knowing there were police called on you, and 2) telling on yourself to the police. Read Miranda: "anything you say can and will be used AGAINST you." The police TELL you straight up that nothing you say will help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.