PRINT PAGE

Resisting Arrest

A Knowledgeable Defense Against Resisting Arrest

A person who is about to be arrested in New Jersey must submit to the arrest even if the police officer is mistaken. A person can not use force to resist an arrest. If a police officer  tells a person that he/she is under arrest, even if the police have the wrong person, or are acting without a proper basis, the individual must submit to arrest. Failing to submit means that individual could be charged and convicted of resisting arrest. A person may resist if the police use unlawful force against him.

For example, if the police started beating the person under arrest, that person would have the right to resist. If a person asserts the defense of self-defense or defense of others, they must submit evidence of that justified use of force (a prima facie case). Then the state must prove to a jury beyond a reasonable doubt that the defense was not justified. Anything that is inconsistent with submission to arrest can result in more criminal charges and a high bail amount. Also, one must stop when a police car tries to pull one over. Failure to do so can result in an eluding charges being filed. Eluding can carry a prison sentence and loss of driver’s license if convicted.


Contact Us