Other Criminal Procedure False Resisting Arrest, court date, need help

[littlephoenix]

Hello all
so the story goes, we were out camping with a big group of people, when the rangers came and stopped us asking us if we had a permit to be there, this was in the middle of the mojavi desert,
long story short, we had no permit, but we told them we will pack and leave, that is when they started picking people by random and questioning...they picked me out of the group, i was sober and 100% complied with what they were saying, i did NOT in any way shape or form resist arrest, in fact my friends took a video where i calmly was speaking with them,,they wanted to see my license which i refused to show as i thought i was not doing anything illegal ,,,after i refused, they demanded my friend to go and get my license without my consent, he got scared and went in our tent and got my license, my record is clean with a minor wet and reckless few years back which i took care of..so they cuffed me for 30 min and let me go after issuing a citation which said RESISTING ARREST..I WAS in no way resisting arrest, i have 4 videos proving this that how calm i was, only thing i did was refuse to show my ID as i felt like i did nothing wrong...
i want to fight this, but need some legal help.
i will forever thank you to anyone that can help me as to what i should do to fight this.
thanks so much

here is the link to the actual notice i received

copy and paste the below in browser, thanks so much

 

[CdwJava]

You blurred out the actual code section, so it's impossible to know specifically what the elements of the offense are.

Chances are the term "resisting arrest" also applies to any action that might be seen as delaying or obstructing the officers in the performance of their duties. By refusing to provide identification if you were subject to arrest or citation you may very well be guilty of obstructing or delaying the officer as the offense likely included more than physically fighting.

When you are subject to arrest or citation you are required to identify yourself. You're lucky, because they could have simply hooked you up and taken you away rather than issue you a citation.

So, while you may FEEL you did nothing wrong by refusing to provide ID, you may very well have committed a crime.

 

[littlephoenix]

thank you so much for the reply,,,,the code is CA24
i understand everything you said, but my argument would be that i was picked out of all my friends to show ID, for something i did not do or commit a crime in any way..
i was very polite with them, i have 4 videos as well my friends took.
so the question is, i want to fight this, do i have a chance? it says on the citation " by paying the amount due you may be admitting to a criminal offense and convocation may appear in public records etc. etc. ...."

what are my options if i plead not guilty? what then?

thanks so much again for your help

 

[CdwJava]

thank you so much for the reply,,,,the code is CA24

That's the location code, not the criminal code.

But, it is probably this crime:

http://www.law.cornell.edu/cfr/text/43/8365.1-4

i understand everything you said, but my argument would be that i was picked out of all my friends to show ID, for something i did not do or commit a crime in any way..

You were camping without a permit. That's a crime. It's a minor one, but a crime all the same.

i was very polite with them, i have 4 videos as well my friends took.

That's great. And if you were charged with rudeness, that'd be a great defense. But, that's not the offense, and you admit that you did no have a permit and then refused to identify yourself when they demanded you to do so.

so the question is, i want to fight this, do i have a chance? it says on the citation " by paying the amount due you may be admitting to a criminal offense and convocation may appear in public records etc. etc. ...."

You will have to speak with a criminal defense attorney familiar with the Code of Federal Regulations. If you were camping in violation of federal law, and they sought identification in order to issue you a citation, you will lose. If you were merely detained and they were curious about your identity, then you MIGHT be able to prevail if the only reason they sought ID was out of curiosity (since you would not have been legally required to provide such identification as part of a Terry stop / detention).

what are my options if i plead not guilty? what then?

You would be scheduled for trial, or, at least for the next hearing in the federal court process. I am not specifically familiar with the US Courts and their process for misdemeanor offenses.

 

[littlephoenix]

thanks so much for the great advice and getting back to me, means alot...
one thing is that my friend was threw a party there and we simply showed up, so i was not part of the promoters and such but i did know everyone there as he always has parties in the desert and we always go...this time the rangers happen to come and pick on people...i was the one they chose, thinking i was not part of the promotion of the "event" if you want to call it, i didnt think i needed to show ID, so they were curious about my identity, that im sure of because they didnt give any other tickets, not even for "trespassing" etc.
ive never been in trouble with the law, that is why im here trying to understand the why's and if's..
thanks so much

 

[CdwJava]

There is no requirement that they try and cite everyone, or anyone. If you presented yourself in a manner that made you the spokesperson - or, the target - then you may have effectively volunteered for the citation.

You should always consult an attorney before pleading guilty or no contest to any criminal offense, but, if there intent had been to cite you for some other offense and that was why they sought your ID, then you may have no real defense. But, talk to an attorney and see what he or she has to say on the matter.

I'd wager that had you simply identified yourself, your name would have gone into a notebook and no cite would have been issued. Unfortunately, you bucked the system and were cited as a result.

 

[disagreeable]

As you removed the violation number, you are unlikely to find one of us playing 20 questions to find it and verify the statute. Please advise us of it.

 

[littlephoenix]

yes maybe i was being hot headed and should have presented my ID...
citation charge is 43 CFR 8365 1-4 (A) (
i guess what i want to know is, if i fight it and end up loosing the case, what exactly happens?
and another question is, if the officer does not show up to court, will the case be dropped?
also did they have the right to force my friend to get my ID from my bag?

thanks guys

 

[CdwJava]

i guess what i want to know is, if i fight it and end up loosing the case, what exactly happens?

A fine and the potential of jail time. As I am not familiar with the CFR I can't say how much time, but from a cursory read if you are convicted you could spend up to 6 months in jail, pay a fine, AND be compelled to cover the costs of any proceedings.

and another question is, if the officer does not show up to court, will the case be dropped?

CAN it be dropped? Yes. WILL it? Maybe. If the officer fails to show for a trial, then the prosecution might have to either ask for a continuance to a later date, or drop the matter altogether as they will have no witness.

also did they have the right to force my friend to get my ID from my bag?

Well, they may not have been able to arrest him for refusing, but, they certainly could have taken you to jail in handcuffs if he hadn't.

My personal policy is: "No ID, no release." Your friend did you a favor by getting the ID. You were potentially digging yourself into a deeper hole that his getting your ID prevented from getting even even broader.

 

[littlephoenix]

thank you for the info CDW, you've been a great help and im thankful
i will do more research and return to post what i learned and how the case went.