Getting arrested in Indiana is already stressful. Accusations of resisting arrest can lead to additional charges, making an already challenging situation even worse. A Fort Wayne, IN, criminal defense attorney can guide you through this crisis, but you must also protect yourself as best you can until your lawyer arrives. Here’s what to say, or not say, if the police accuse you of resisting arrest:
What To Say
These statements help protect your rights by making sure you don’t say anything that the authorities could use against you later. These phrases also assert your desire for legal counsel and can help clarify any confusion about the situation.
- “I want to remain silent until I speak with my attorney.”
- “I don’t understand why I’m under arrest; can you explain the charges?”
- “I am not resisting arrest. I’m trying to comply with your instructions.”
- “I am willing to cooperate, but I want to ensure you respect my rights.”
- “Can you please provide your badge number and name?”
What Not To Say:
Avoiding these statements prevents you from escalating the situation or inadvertently admitting guilt or resistance. Additionally, remaining calm and silent leaves room for your attorney to address the case properly later.
- “I didn’t do anything wrong!”
- “I’m not resisting!” while physically struggling.
- “I don’t need a lawyer; I’ll explain everything.”
- “This is all a misunderstanding!”
- “You have no right to arrest me!”
How To Prove You Weren’t Resisting Arrest
While resisting arrest is usually a misdemeanor under Indiana law, the offense is a felony if you injure a police officer. The authorities tend to believe the police in these situations, so you’ll need proof that you were cooperating. A criminal defense lawyer can collect evidence to support your case, which could include:
- Witness testimony: Eyewitnesses who saw the arrest, such as bystanders, other officers, or individuals involved in the incident, can testify about whether you were resisting or attempting to comply with the police.
- Body camera footage: If the officers wore body cameras, the footage can provide a clear record of the events, including your actions and the officers’ behavior during the arrest.
- Surveillance footage: Nearby security cameras or dash cams may have captured the incident, providing visual evidence of whether you resisted or complied with the officers’ orders.
- Police reports: The arresting officers’ written reports will outline their version of events. Your lawyer can review these to identify inconsistencies or inaccurate descriptions of your actions.
- Injuries or lack thereof: If you sustained injuries, such as bruises or broken bones, they may show that the police used excessive force during the arrest.
- Your own statement: If you explained to the officers that you were trying to comply and were not resisting, you can use your statements to support your defense, especially if your words align with other evidence.
Suing for Excessive Force During an Arrest
You might have a case for police brutality or excessive force if officers injured you during an arrest despite your efforts to comply with their orders. To win your case, you must prove that the officers used more force than necessary. Your lawyer can use your medical records, witness testimony, video footage, or other evidence to show that the officers acted recklessly or used force when you were not resisting. With the help of an experienced attorney, you may be able to hold the officers accountable and recover compensation for your injuries.
Contact Our Indiana Criminal Defense Lawyers for Help
Proving you weren’t resisting arrest and recovering compensation for excessive force is an uphill battle, but Myers & Wallace, LLP, can handle the fight for you. We can investigate the incident, review police records for inconsistencies, and help you file a lawsuit to seek compensation for your injuries. Call now or complete our contact form for a consultation.