Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
Asked on June 22, 2009 under Criminal Law, New Jersey
Answered 15 years ago | Contributor
In New Jersey, you cannot resist even an unlawful arrest. You can use reasonable force to resist
unlawful physical force by the police. If you have been arrested, then you run from the police, you
are resisting arrest/eluding the police officer. They can use reasonable force to recapture you after
you have run away, but they cannot pulverize you. Not all, but some, police officers use "actions"
by suspects as an excuse to beat the (you know what) out of them, then charge the suspect with
Resisting Arrest to cover themselves. Have someone take photographs of your injuries
immediately (before they heal) and gather all possible eyewitnesses.
I am a lawyer in CT. Police officers are only allowed to use reasonable force to place a person under arrest/in hand-cuffs. If the person fought or struggled with them, the chances are that the police will be extremely rough to a point where it is questionably excessive. When you resist arrest however, you are inviting the police to use excess force and most likely get away with it. However, if you do not resist, and the police beat you up, then you may have a claim for a violation of your civil rights. I would have to know more details to help. You should contact a lawyer immediately and take good pictures of the injuries.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption