Arrested on Trumped-Up Charges?
Resisting Arrest • Assaulting a Police Officer • Disorderly Conduct
Police are uncomfortable with citizens who assert their rights. When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. They may break out the Taser or the handcuffs. They may call for back-up. They may convince witnesses to leave the area. And those officers always hope that the suspect will escalate the confrontation.
People who have committed no crime suddenly find themselves facing bogus criminal charges. In the African-American, Latino and Asian communities, citizens are all too familiar with “Contempt of Cop” charges. Civil rights lawyer John Burris has a successful record of standing up to this outrageous and unconstitutional behavior.
Cover Charges: Shifting the Blame
Here’s a scenario that plays out again and again: Police pull over a person on a lame excuse, hoping to find probable cause after the fact to search the suspect and the car for drugs or illegal weapons. No evidence is discovered, because the citizen has committed no crime. So the officers provoke the person by patting the person down and making threats or accusations. Sometimes it works, resulting in a physical altercation or loud and dramatic confrontation, and the patrolman can put the person in cuffs for resisting arrest, assaulting an officer or disturbing the peace. If they don’t get the desired reaction, officers may file charges anyway. Particularly if the person has a criminal record, who is the judge or jury going to believe?
Police have a good reason to file “cover charges.” If there is no arrest for an underlying crime, they realize they run the risk of a racial profiling or police misconduct complaint. They also know that a conviction for resisting arrest or assaulting police prevents a suspect from filing a civil rights lawsuit.
John Burris has handled police misconduct cases for over 25 years. He works to uncover the cover-up, addressing the trumped-up criminal charges and exploring possible litigation against the department. Contact our Oakland office now to discuss resisting arrest or a similar cover charge.
“Evil flourishes when good men do nothing.”
— Edmund Burke