Kingman, AZ asked in Civil Rights, Constitutional Law and Criminal Law for Arizona

Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son , I woke him up and we both talked through a see through locked screen. they could see we were fine. they insisted we open screen so we could talk better , told them we are fine and they could talk just fine. still they refused to leave. after about ten minutes of them saying open door open door, i told them to leave my property two times , they did not. My son half asleep got angry and so did I , said if this is about my misdemeanor warrant , Im taking care of it right after Christmas, which was in five days. Then announced they were there for his warrant. They were there for well check, . They showed no paperwork in hand. they then said they were to arrest my son on misdemeanor warrant or hom

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement officer's activities, including executing a warrant or conducting an investigation.

When police officers conduct a welfare check, they have the authority to ensure the safety of all individuals involved. If they believe there is a cause for concern, they may persist in their inquiries. Your response to their inquiries, especially if perceived as obstructive or uncooperative, might lead to charges like hindering.

It's important to know that police officers do not always need to show paperwork to execute a warrant. If they had a valid warrant for your son's arrest, their actions in attempting to execute that warrant would be considered part of their duty.

Given the complexity of your situation, it would be beneficial to consult with a lawyer who can review the specifics of your case. Legal counsel can offer advice on how to address the charge and represent your interests in any legal proceedings. They can also help in understanding your rights and the appropriate responses in such interactions with law enforcement.

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