What is Resist Arrest?
You cannot resist a police officer if they are arresting you or lawfully detaining you. If you fight back in any fashion, you can be charged with resist arrest. If any sort of weapon is used, you could be charged with Assault Police Officer.
If you lie to the police you can be charged with Obstruct Police. You cannot provide a false name, provide a false statement or provide police with anything that resembles false information. You have a right to silence – so shut up! You do not have a right to lie to police. But police can lie to you!!
If you have been instructed by a police officer, while in the execution of their lawful duty, you are required to assist. Alternatively, if police tell you to get out of the way, you have a legal obligation to do so. If you are recording video of an incident, as long as you are not impeding the police, you may continue to record. Police do not have a right to your recording or phone.
Who is a Police Officer?
The lists of Public Officers and Peace Officers is expansive. It includes all police officers, mayors, sheriffs, judges, correctional officers, immigration officers, customs officers, fisheries officers, pilots in charge of aircrafts, and members of the Canadian Armed Forces depending on the circumstances. Most frequently we find police to be our local police forces and security guards.
I’ve been charged with Obstruct or Resist - what should I do?
Do not talk to the police. Anything you say to them could be used against you – even if you think you have nothing incriminating to say. Ask to speak with a lawyer, this is your right and it is there to protect you. These charges can incur serious jail time.
Criminal Defence Lawyers
I am here to help guide you through the criminal justice system. Our lawyers will go to court on your behalf, review the evidence, and give you sound legal advice. I will make sure that you are able to make an informed decision are to whether you want to have a trial or plea guilty.
You may qualify for Legal Aid: See Legal Aid Ontario Information.
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