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Resisting Arrest Charge Defense
Summary
In Alabama, a Failure to Appear (FTA) is a serious charge that can lead to an arrest warrant. Resisting arrest charges can arise even from minimal resistance. If an officer repeatedly fails to appear in court, it may be grounds for dismissal. You can request a different public defender if unsatisfied with your current one. Document all incidents, gather evidence, and consider filing a motion to dismiss due to the officers absence. Request body cam footage through a discovery motion to support your defense. Legal aid organizations in Alabama can provide assistance if youre on SSDI or SSI.Full Conversation
I have a question, as a sovereign man of land or woman, if you accidentally call * and let them know everything is fine its just your acreen is cracked and dialed by accident but then suddenly an officer arrives and already tells me im under arrest then i ask why he says i have a FTA. He tries cuffing me and i said let me call to get someone to come get my electric bike cause they were leaving it at the scene so i proceed to nake the call he grabs my arm and i pulled it away to make the call and he charged me with resisting arrest and he hasnt shown up for court twice already but judge keeps changing the date
Hi Juquada! This sounds like a complicated situation.
- "FTA" stands for "Failure to Appear," which is a serious charge.
- Resisting arrest charges can be complex, and the absence of the officer in court may impact your case.
Which state are you in? This will help provide more specific legal information.
- "FTA" stands for "Failure to Appear," which is a serious charge.
- Resisting arrest charges can be complex, and the absence of the officer in court may impact your case.
Which state are you in? This will help provide more specific legal information.
Alabama
In Alabama, the following points may be relevant to your situation:
- Failure to Appear (FTA): This is a serious charge and can result in a warrant for your arrest.
- Resisting Arrest: Even minimal resistance can lead to this charge, and it's important to address it in court.
- Officer Absence in Court: If the officer fails to appear, it might work in your favor, but the judge's decision is crucial.
Have you consulted with a local attorney about these charges? It might be beneficial to have professional legal representation.
- Failure to Appear (FTA): This is a serious charge and can result in a warrant for your arrest.
- Resisting Arrest: Even minimal resistance can lead to this charge, and it's important to address it in court.
- Officer Absence in Court: If the officer fails to appear, it might work in your favor, but the judge's decision is crucial.
Have you consulted with a local attorney about these charges? It might be beneficial to have professional legal representation.
They have given me an appointed one who seems as though isnt working in my favor to properly inform me of the laws and our city is known for corruption
It sounds like you have some serious charges to deal with and concerns about your legal representation.
- You can request a different public defender if you feel yours isn't adequately representing you.
- Consider filing a complaint about the officer's conduct if it seems unjust.
Have you looked into requesting a different public defender or seeking a legal aid organization for assistance?
- You can request a different public defender if you feel yours isn't adequately representing you.
- Consider filing a complaint about the officer's conduct if it seems unjust.
Have you looked into requesting a different public defender or seeking a legal aid organization for assistance?
No I havent and the FTA is for the resisting arrest charge that i was never notified of the date on it
You might have a strong case, especially if you weren't notified of your court date. Here are some important points:
- Request a Different Public Defender: If you feel your current one isn't effective.
- Challenge the FTA: Explain you were never notified.
- Document Everything: Officer absence and any other relevant details.
Have you tried contacting any local legal aid organizations for additional support?
- Request a Different Public Defender: If you feel your current one isn't effective.
- Challenge the FTA: Explain you were never notified.
- Document Everything: Officer absence and any other relevant details.
Have you tried contacting any local legal aid organizations for additional support?
No i cant afford it cause im on ssdi and ssi
You may have a strong case, especially if you were not notified about your court date. You can seek help from local legal aid organizations which often provide free services for those in financial need. Would you like information on some legal aid organizations in Alabama?
Yes
~Alabama Legal Aid Organizations
Alabama Legal Services:Phone: (*) *-*
Website: https://www.legalservicesalabama.org
Phone: (*) *-*
Website: https://www.alabar.org
Have you considered documenting all instances of missed notifications and the officer's absence in court for your case?
How to go about doing this
To document these issues effectively:
- Write a Detailed Timeline: Note dates and details of incidents, including when you missed the notification and the officer's absence in court.
- Gather Evidence: Collect any correspondence, court documents, and any other relevant information.
- Witness Statements: If there were witnesses, ask them to provide written statements.
- Contact Legal Aid: Reach out to the organizations provided for further assistance.
Would you like more tips on gathering evidence or preparing your defense?
- Write a Detailed Timeline: Note dates and details of incidents, including when you missed the notification and the officer's absence in court.
- Gather Evidence: Collect any correspondence, court documents, and any other relevant information.
- Witness Statements: If there were witnesses, ask them to provide written statements.
- Contact Legal Aid: Reach out to the organizations provided for further assistance.
Would you like more tips on gathering evidence or preparing your defense?
Yes
To prepare your defense and gather evidence effectively:
- Organize Correspondence: Keep all letters, emails, and notices.
- Record Conversations: Log any interactions with legal representatives or law enforcement.
- Compile Witness Statements: Have witnesses write down their accounts.
- Legal Aid Consultation: Contact the legal aid organizations for further guidance.
Would you like specific advice on any of these steps?
- Organize Correspondence: Keep all letters, emails, and notices.
- Record Conversations: Log any interactions with legal representatives or law enforcement.
- Compile Witness Statements: Have witnesses write down their accounts.
- Legal Aid Consultation: Contact the legal aid organizations for further guidance.
Would you like specific advice on any of these steps?
When i was initially arrested for this charge, i told the judge guilty to get it over with he accepted my plea but then said i am going to get the officer to appear to better understand this because i dont condone this behavior and i will give you time for this.....the officer hasnt came the last * times
It seems like you have a promising case, especially considering the officer's repeated absence. Here’s what you can do:
- Request Case Dismissal: Ask your attorney to request dismissal due to the officer's absence.
- Document Everything: Continue documenting each court appearance and the officer's absence.
- Seek Legal Aid: Contact the legal aid organizations mentioned earlier for further assistance.
Would you like more information on requesting a case dismissal?
- Request Case Dismissal: Ask your attorney to request dismissal due to the officer's absence.
- Document Everything: Continue documenting each court appearance and the officer's absence.
- Seek Legal Aid: Contact the legal aid organizations mentioned earlier for further assistance.
Would you like more information on requesting a case dismissal?
Yes
To request a case dismissal due to the officer's repeated absence:
- File a Motion to Dismiss: Your attorney can file a motion to dismiss the charges based on the officer's non-appearance.
- Present Your Evidence: Include your documented timeline and any evidence of the officer's absence.
- Follow Up: Ensure your attorney follows up on the motion and keeps you informed.
Would you like more detailed steps on filing the motion?
- File a Motion to Dismiss: Your attorney can file a motion to dismiss the charges based on the officer's non-appearance.
- Present Your Evidence: Include your documented timeline and any evidence of the officer's absence.
- Follow Up: Ensure your attorney follows up on the motion and keeps you informed.
Would you like more detailed steps on filing the motion?
Yes
To file a motion to dismiss due to the officer's repeated absence, follow these steps:
- Consult Your Attorney: Discuss the option of filing a motion to dismiss with your public defender.
- Draft the Motion: Your attorney will draft the motion, citing the officer's non-appearance as the reason.
- Include Evidence: Provide your documented timeline and any other relevant evidence.
- File the Motion: Your attorney will file the motion with the court.
- Attend the Hearing: Be present at the hearing where the motion will be considered.
Would you like more assistance on any other aspect of your case?
- Consult Your Attorney: Discuss the option of filing a motion to dismiss with your public defender.
- Draft the Motion: Your attorney will draft the motion, citing the officer's non-appearance as the reason.
- Include Evidence: Provide your documented timeline and any other relevant evidence.
- File the Motion: Your attorney will file the motion with the court.
- Attend the Hearing: Be present at the hearing where the motion will be considered.
Would you like more assistance on any other aspect of your case?
How can i get a resisting arrest charge over the concern of my property and him grabbing me
To address the resisting arrest charge due to concern for your property and the officer grabbing you:
- Self-Defense Argument: Argue that your actions were in self-defense, not resisting arrest.
- Necessity Defense: Explain that securing your property was necessary.
- Witness Testimony: Have witnesses testify about the incident.
- Video Evidence: If available, use any video footage to support your claim.
Would you like more details on building a self-defense argument?
- Self-Defense Argument: Argue that your actions were in self-defense, not resisting arrest.
- Necessity Defense: Explain that securing your property was necessary.
- Witness Testimony: Have witnesses testify about the incident.
- Video Evidence: If available, use any video footage to support your claim.
Would you like more details on building a self-defense argument?
Cant the body cam footage from officer be submitted
Can i have the officers body cam footage to orove it
Yes, you can request the officer's body cam footage. Here’s how:
- File a Discovery Motion: Ask your attorney to file a motion for discovery to obtain the body cam footage.
- Request from Prosecutor: Your attorney can request the footage directly from the prosecutor's office.
Would you like more information on filing a discovery motion?
- File a Discovery Motion: Ask your attorney to file a motion for discovery to obtain the body cam footage.
- Request from Prosecutor: Your attorney can request the footage directly from the prosecutor's office.
Would you like more information on filing a discovery motion?
Yes
To file a discovery motion for the officer's body cam footage:
- Consult Your Attorney: Discuss the need for body cam footage with your attorney.
- Draft the Motion: Your attorney will draft a motion for discovery, specifically requesting the body cam footage.
- File the Motion: Your attorney will file this motion with the court.
- Follow Up: Ensure your attorney follows up with the prosecutor’s office for the footage.
Would you like assistance with any other part of your case?
- Consult Your Attorney: Discuss the need for body cam footage with your attorney.
- Draft the Motion: Your attorney will draft a motion for discovery, specifically requesting the body cam footage.
- File the Motion: Your attorney will file this motion with the court.
- Follow Up: Ensure your attorney follows up with the prosecutor’s office for the footage.
Would you like assistance with any other part of your case?
How can the police already know my name before arriving to ask me? He simply got dispatched fromm * even though i said it was accident but
Police can often access * call information, including the caller's name, through the emergency dispatch system. This allows them to respond more effectively to calls.
Would you like more information on how to address the issues related to your arrest or any other legal concerns?
Would you like more information on how to address the issues related to your arrest or any other legal concerns?
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