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9/22/2017 12:11:25 AM
Posted: 9/14/2005 12:48:24 PM EDT
Situation is no prior convictions, the arresting officer was unharmed.
Link Posted: 9/14/2005 1:20:07 PM EDT
[Last Edit: 9/14/2005 1:24:25 PM EDT by Jfor]
...
Link Posted: 9/14/2005 1:27:46 PM EDT
Depends on a couple of factors including circumstances, leading charge at time of arrest, caseload of DA, etc etc etc.

As a stand alone... could be fine, community service or work project.
Link Posted: 9/14/2005 1:37:25 PM EDT

Originally Posted By raven:
Situation is no prior convictions, the arresting officer was unharmed.



What was done to resist? Pulling away, running into a room and locking the door, pushing officer away, keeping hands under body where they can't be cuffed.......etc.....

VJ
Link Posted: 9/14/2005 3:31:15 PM EDT

Originally Posted By V_Johnson:

Originally Posted By raven:
Situation is no prior convictions, the arresting officer was unharmed.



What was done to resist? Pulling away, running into a room and locking the door, pushing officer away, keeping hands under body where they can't be cuffed.......etc.....

VJ



I dont know, I wasn't there. The suspect's my brother and he was blind drunk when it happened. He said he was facing a DUI and resisting arrest. He's not the smartest guy, has a problem with authority, and doesn't manage anger very well.
Link Posted: 9/14/2005 4:23:04 PM EDT
Well, usually in my neck of the woods, two charges together will get one dismissed in a plea. Then again, drunk driving in WI isn't a crime on first offense and that makes them two separate court dates: one criminal and one traffic.

Odds are that one will get dismissed in a plea deal, and I'd bet it's the resisting....as the drunk driving will probably be a harsher sentence. It's all about the magic of the attorney representing the accused.

VJ
Link Posted: 9/14/2005 4:53:30 PM EDT
Sentence ?? SENTENCE ?!?!?!!?!!!!!
Here; 365 with 364 suspended minus time served = walk
Link Posted: 9/14/2005 5:52:40 PM EDT

Originally Posted By OneRobertFour:
Sentence ?? SENTENCE ?!?!?!!?!!!!!
Here; 365 with 364 suspended minus time served = walk



Yeah, that happens here too.......but you're more likely to do time on a drunk driving charge than anything else in this state.

VJ
Link Posted: 9/14/2005 6:52:08 PM EDT

Originally Posted By V_Johnson:

Originally Posted By OneRobertFour:
Sentence ?? SENTENCE ?!?!?!!?!!!!!
Here; 365 with 364 suspended minus time served = walk



Yeah, that happens here too.......but you're more likely to do time on a drunk driving charge than anything else in this state.

VJ



same as here. OVI and DUS are the main things that will get you locked up here. They would toss the resisting for the OVI here.
Link Posted: 9/14/2005 9:32:46 PM EDT
[Last Edit: 9/14/2005 9:33:04 PM EDT by thecleaner]
we have a judge here that doesn't screw around with that crap. got one last week. guy had to post $15000 cash bond NO 10%. He obviously couldn't. He was in county for 5 days.


ETA: No priors
Link Posted: 9/15/2005 1:05:55 AM EDT
Don't know sentencing in AK. Or the Hanging Judge up there..

Link Posted: 9/15/2005 3:35:44 AM EDT
[Last Edit: 9/15/2005 3:36:11 AM EDT by AZ-K9]

Usually a pretty good ass kicking.

Some of the more aggressive resistors with prior felonies go for 1.5 years here. We don't charge the passive resistors....
Link Posted: 9/15/2005 5:00:17 AM EDT

, the arresting officer was unharmed.


Physically?... Emotionally...??

Link Posted: 9/15/2005 12:17:37 PM EDT

Originally Posted By AZ-K9:
Usually a pretty good ass kicking.

Some of the more aggressive resistors with prior felonies go for 1.5 years here. We don't charge the passive resistors....



The 'Ol polyester pile-up.
Link Posted: 9/15/2005 1:30:17 PM EDT

Originally Posted By OneRobertFour:
Sentence ?? SENTENCE ?!?!?!!?!!!!!
Here; 365 with 364 suspended minus time served = walk



+1
Link Posted: 9/16/2005 11:50:45 PM EDT
A guy just served 60 days in Polk CO WI, but he had 3 other files pending and one was a felony.
Link Posted: 9/17/2005 8:39:41 AM EDT

The 'Ol polyester pile-up.


That is the first thing that I thought of when I read the initial post. My queston was, How scuffed up was the guy when he got to the county jail? A general rule of thumb is the number of bruises and lumps directly corresponds to the degree of resistance. The really bad ones take an ambulance ride while most just get their clothes dirty from being 'assisted to the ground for their safety'.........
Link Posted: 9/18/2005 3:29:21 PM EDT
raven why dont you respond to simplydynamic why you said you where his spotter in najaf iraq in his video? where you or not?
Link Posted: 9/21/2005 4:54:22 PM EDT
ND would depend on whether or not the mook was a local or not. Is he an old-farmer-fuck or not. Does his sister work in the Post-Office or not... BLah Blah Blah.

Hard to say. Usually if it's a first offense and it was a light / passive struggle it gets charged out as Disorderly Conduct. If it was an active struggle with the flailing about and kicking yada yada then it would be resisting and they'd get something lighter than they should. Whether or not statute allows for the intentional intoxication to act as a defense, the judges usually take that into account anyway.

Judges suck.
Link Posted: 9/22/2005 11:01:09 PM EDT
I'm trying to stop complaining...
Resisting without violence in WV. is an obstrucing charge. No different than running your yap when told to be quiet, refusing to get your hands outta your pockets when told, etc. Typically a fine and suspended sentence of 24 to 48 hrs.

Resistance by telling me how you're gonna kick my ass when I go to arrest you is assualt on L.E. Still a misdemeanor. If your a healthy adult male it'll get you capstunned and guided to the ground . Usually a fine and the same jail sentence.

Physical contact of any nature other than the initiated by the officer in the course of the arrest will generally get you capstunned, really dirty, and the paperwork won't get done until after the magistrates office closes for the night. You'll get a month with all but 24 hrs suspended in jail if there's a scuff on my uniform or I feel a little sore. If you appeal it the circuit judge will typically unsuspend the rest of the sentence and you can eat spam for a month.

The penalties for battery on an athletic official is more severe than L.E.

Second offense battery on L.E. is a felony w/ 1-3 yrs in the pen.
There's a possibility of jail for any of the above but it's unlikely on obstructing unless you really push it as we're forced to use it as a catch all; I tell a drunk guy to sit down, he doesn't; he's obstrcuted me. I tell you to get off of your cell phone during a traffic stop, you don't you've obstructed. Since we cannot jail for public intox in WV. they generally go for obstructing, failure to keep right of pavement edge, whatever you can come up with to keep them from getting killed or bothering you with repeat calls all night.
Link Posted: 9/23/2005 5:57:09 AM EDT
BEFORE or AFTER getting to jail ??
Link Posted: 9/23/2005 12:39:27 PM EDT

Originally Posted By OneRobertFour:
Sentence ?? SENTENCE ?!?!?!!?!!!!!
Here; 365 with 364 suspended minus time served = walk



quoted for truth, everything around here gets dropped and pled to. Much of the sentence gets suspended and the few days that are jail time can be worked out as well. So I'd say it depends on the court as to the extent of his sentence.
Link Posted: 9/23/2005 3:49:58 PM EDT
Besides risking broken bones, tasering, or being pepper sprayed?

Here the sentence can be $2500 fine/364 days. All depends on the incident and the offender's criminal history.
Link Posted: 9/23/2005 3:53:19 PM EDT
It seems like around here that's one of the bargaining chips the DA's use - dump the resisting arrest for a plea to the original crime. Hey, people are suppose to resist the police right?
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