Hello, my name is Robin and I own a medium sized business which is based in a suburb of Perth, Australia. Many business owners do not understand the importance of commercial law on their operations. I know that I certainly didn't when I set out. At first, this wasn't an issue but as my business grew, I realised that if I didn't teach myself about the legal rules in place and seek expert help, I would find myself in serious trouble. I got in touch with a great law firm who helped me to understand exactly what I needed to know. I decided to start this blog to help other business owners.
While the system of law and order across Australia is tried and tested, it is not always infallible. Typically, if you have an encounter with a law enforcement officer you can expect to be treated with courtesy and consideration most of the time. Unfortunately, this does not always happen. Sometimes you may simply be in the wrong place at the wrong time, or the officer in question may not believe what you say. You may be adamant that you are innocent of any suggested infraction, but for one reason or another you find yourself under arrest. Do you have any recourse in this situation, assuming that you are, indeed, innocent?
Making a Bad Day Worse
Most people have never had a run-in with an officer of the law, and it can be a very unpleasant experience, should it happen. You may have protested your innocence vocally and have been particularly annoyed when the arresting officer actually tried to take you into custody. Maybe the officer was having a bad day or completely misinterpreted your stance, but they may not have been willing to listen to your pleas. Rather, they may have determined that you were resisting their request, and this would have led to a formal arrest.
Definition of Resistance
Some people think that you have to engage in some form of physical violence to be charged with a crime of resisting arrest. However, this is not the case, and the officer may have determined that your behaviour was sufficiently threatening in that it may have led to some other difficulties.
It can be difficult to exhibit any restraint in this type of scenario, but the law does expect you to go along with the request of the officer nonetheless. You can certainly plead your case at some stage in the future, but you shouldn't make it worse than it already is.
Time and a Place
After all, if you get a conviction for resisting arrest, it's likely that you will attract a significant fine and you may end up with a criminal record. Therefore, it is best for you to argue your case with the public prosecutor once you have eventually been released. You may be able to convince him or her that the officer was overly aggressive and simply unjustified during the entire encounter.
If you can call on any witnesses, then this can certainly help -- especially if they are adamant that you did not resist at any point. As such, it can be worth pursuing the situation aggressively through the legal system; it's best if you engage the services of an experienced criminal lawyer to help you. They can certainly conduct some research into the background of the officer, and they may be able to bring up additional information to help you with your case. For more information, contact a criminal law firm in your area.