If I was arrested for resisting without violence for failure to provide my ID to an officer, how is that resisting when I hadn’t even been placed under arrest yet?

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If I was arrested for resisting without violence for failure to provide my ID to an officer, how is that resisting when I hadn’t even been placed under arrest yet?

At the time the officer was asking for my identification, I was asking for clarification as to why she needed my identification. She then cuffed me, put me in the car and processed me through the local facility. I have a court date set for 1 week from now. I don’t believe I did anything wrong but don’t want to spend a lot of money on an attorney.

Asked on February 13, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the legal system, the alleged crime occurs before the arrest is made. In your case, it seems that you were failed to provide identification to a police officer when asked. This conduct lead for the officer's need to arrest you for that crime. You then resisted being arrested leading to the second charge against you.

I suggest that you consult with a criminal defense attorney about the situation you have written about.


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