Facing charges for resisting arrest? In Texas, you can be charged with resisting arrest if you resist a peace officer’s efforts to place you under arrest. Likewise, you can be charged with resisting arrest if a policeman tries to search you, or transport you to jail, and you resist.
Even if the arrest is later deemed to be unlawful, you must comply with the officer’s instructions or face charges for resisting arrest. For example, even if you are found “not guilty” at trial of the underlying charge for which you were arrested, or the arrest is ruled unconstitutional, the charge for resisting arrest will stand.
However, to be successfully prosecuted for resisting arrest, you must know that a police officer is attempting to place you into custody. For example, if an undercover officer tries to arrest you, but doesn’t identify himself as a policeman, you may have a defense to prosecution that could result in a dismissal of your resisting arrest charge, or an acquittal at trial.
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