Orlando Resisting An Officer Defense Lawyer

If you have been charged with resisting an officer in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your resisting an officer charge dismissed or reduced.  One way to get your resisting an officer  charge dismissed is by completing a Pre-Trial Diversion program.  Not every resisting an officer case is eligible for a Pre-Trial Diversion program.  

Former Resisting An Officer Prosecutor

As a former resisting an officer prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando resisting an officer case.  It is important to understand how the other side works.  Chris uses this understanding to determine what needs to be done to get the best possible outcome in your resisting an officer case.  

Orlando Resisting An Officer Defense Lawyer Since 1999

Chris has been defending individuals in Orlando charged with resisting an officer since 1999.  Being an Orlando resisting an officer defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle resisting an officer cases like yours.  Experience dealing with those judges and prosecutors is important in achieving the best results in your resisting an officer case.  

Different Orlando Resisting An Officer Defense Lawyers Get Different Results

When you have been charged with resisting an officer in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you.  A resisting an officer conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer.  The better prepared you are for your court appearance the more likely it is you will get a favorable outcome.  The best results possible are rarely obtained by just hoping for them.  Get the help you need at Chris S. Boatright, P.A. to get the best results possible.  

Information About Orlando Resisting An Officer Charges

There are two different types of resisting an officer charges, resisting an officer without violence and resisting an officer with violence. You can legally resist an unlawful arrest if no violence is used. 

RESISTING AN OFFICER WITHOUT VIOLENCE

It is unlawful to resist, obstruct, or oppose any officer as defined in Florida Statute section 843.02 or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer. Resisting an Officer Without Violence is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

RESISTING AN OFFICER WITH VIOLENCE

It is unlawful to knowingly and willfully resist, obstruct, or oppose any officer as defined in Florida Statute section 843.01 or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized authority.  Resisting an Officer With Violence is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years on probation and/or a $5,000 fine.

Officer

For purposes of Florida Statute 843.01 and Florida Statute 843.02 an officer is defined as

(1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.

(2) “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

(3) “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

(4) “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(5) “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

(6) “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

(7) “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

(8)   Member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission;

(9)   Parole and probation supervisor; county probation officer;

(10)  Personnel or representative of the Department of Law Enforcement; or

(11)  Other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty

Evidence

In order for the State of Florida to prove you committed the crime of resisting an officer, the State need’s evidence.  Normally, the law enforcement officer’s report contains a statement of the evidence against you.  However, there may be other evidence in your case which the law enforcement officer failed to document in the report.  It is essential for you and your attorney to review all of the evidence in your case before preparing your defense.  Some important questions are:

  • Did you resist, obstruct, and/or oppose any officer?
  • Was the officer in lawful execution of any legal duty?
  • Were there any witnesses to the incident and if so did they provide a statement?
  • Was the incident recorded by videotape?
  • Did you act in self-defense?
  • Was anyone injured?
  • Were any photos taken of anyone’s injuries?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination.  In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer.  It is important for you to know if your privilege against self-incrimination was violated.  If your privilege against self-incrimination was violated evidence in your case may be inadmissible.  Some important questions to consider are:

  • Were you questioned by a law enforcement officer after you were arrested?
  • Did you make any statements that are harmful to your case?
  • Were you read your Miranda rights?

Pretrial Diversion

In Orange County, Florida there are three pretrial diversion programs for resisting an officer charges.  Misdemeanor pretrial diversion, felony pretrial diversion and if the resisting an officer is substance abuse related like drug induced paranoid beliefs that the officer is a demon trying to attack you then drug court may be an option.  Each program has its own specific eligibility requirements.

Orange County Pretrial Diversion Program For Misdemeanor Resisting An Officer Charges

This is a deferred prosecution program for selected misdemeanor charges and for selected individuals.  This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections.  Successful completion of the Orange County Misdemeanor Pretrial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.

Eligibility

  1. You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
  2. You must be a legal resident of the United States.
  3. You must have no more than one prior misdemeanor conviction.
  4. Your charge(s) must have no more than $1,000 in restitution.
  5. You must be approved by the Office of the State Attorney.

Program Details 

  1. Program length is 6 months
  2. Program cost is $300
  3. Program intake fee is an additional $20
  4. Program drug testing fee is an additional $17
  5. Program phone reporting fee is an additional $6-$7 per month
  6. Program Office of the State Attorney fee is an additional $100
  7. You must perform a minimum of 40 hours of alternative community work service
  8. You will also successfully complete an anger management class
  9. Substance abuse evaluation and/or treatment if applicable
  10. Letter of apology
  11. Additional charge specific special conditions
  12. You are responsible for any additional costs for classes and evaluations

Orange County Pretrial Diversion Program For Felony Resisting An Officer Charges

If you successfully complete the Orange County Pretrial Diversion Program the charge(s) you were placed in the program for will be dismissed.

This a 12 month long program with the following requirements:

1.) You must refrain from violation of any federal, state or local law.  If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pretrial diversion contract.

2.) You must associate only with law abiding persons.             

3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both.  Employment must be verified by documentation only within the first 30 days of supervision.  Thereafter, employment verification shall be made every other month.

4.) You must take an active part in counseling and attend all scheduled appointments.  You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends.  Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED)  and English for Speakers of Other Languages (ESOL).

5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment.  It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions.  Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation.  If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change.  No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program.  All Notices, summonses, or other mail will be sent to your current address.  If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.

6.) You will promptly and truthfully answer all questions directed to you by your Pretrial Diversion Program Officer.

7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes.  All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge.  There will be a one-time drug testing fee of $30.00.

8.) You will complete 100 hours of Alternative Community Service (ACS).  ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.

9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.

10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.

11.) Charge specific special conditions. 

12.) You will also submit to random urine screenings for drugs.  Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pretrial Diversion Program.

In order to be eligible for the Pretrial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program.  If it is found that you not been fully candid on this issue, you are subject to revocation from the Pretrial Diversion Program.

If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.

  1. Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pretrial Diversion Program Contract, or
  2. The Review Board may add additional special conditions or otherwise modify this contract, or
  3.  Revoke the Pretrial Diversion Program contract and the State Attorney will prosecute you for this offense.

     

    A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract.  Your Pretrial Diversion Officer will attend this hearing.  Modification of your Pretrial Diversion Program Contract may occur if you agree to the modification, by Review Board decision.  At Review Board Hearings, evidence establishing violations of conditions of the Pretrial Diversion Program Contract will be heard.  You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation.  Failure to appear will result in automatic revocation from the Pretrial Diversion Program.  The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision.  All members of the Review Board must agree to revocation or modification.  In its written decision, the Review Board will state whether it has decided to revoked the Pretrial Diversion Program Contract or allow the Defendant to continue in the Pretrial Diversion Program.  If the agreement is modified, the modifications made by the Review Board will be stated.  If you are revoked from the Pretrial diversion Program, you will be prosecuted for the original criminal violation.  The Defendant is bound by the decision of the Review Board.  The Pretrial Diversion Contract is an agreement that is a deferral of prosecution.  If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution.  If the terms of the agreement are violated, prosecution concerning any charge will proceed.

Orange County Drug Court Program

If you successfully complete the Orange County Drug Court Program the charge(s) you were placed in the program for will be dismissed.

In order to be accepted into the Orange County Drug Court Program the person:

1.) Must live in Orange County, Florida (if you do not live in Orange County, Florida you may be able to participate in the a drug court program if your county of residence is in Florida and they accept drug court program transfers and you otherwise qualify for a drug court program)

2.) Must have a serious drug problem needing treatment

3.) Must be a non-violent offender

4.) Must have no prior felony convictions for Diversion Track only

5.) Must be charged with:

(A) Third Degree Felony Possession Of Illegal Drugs, except a person charged with Possession of Illegal Drugs With The Intent to Sell Or Deliver Illegal Drugs is not eligible for the program

(B) Purchase Of Illegal Drugs

(C) Obtaining Prescription Drugs By Fraud

(D) Must be charged with any other non-violent third degree felony charge for VOP and Post Plea track only

General Orange County Drug Court Program Requirements:

  1. It is in Defendant’s best interest to participate in Drug Court.  The Defendant understands that if they violate the terms of drug court they could be rearrested, returned to their previous status, required to post a bond, be released on their own recognizance, be held in jail until their next court date or discharge from the program at the Judge’s sole discretion.
  2. Defendant has a substance abuse problem and is choosing to participate in the Orange County Drug Court Program.  The Defendant understands that the opportunity to participate in the Orange County Drug Court Program is a privilege, not an entitlement.
  3. Defendant must freely and voluntarily waive their right to a speedy trial.
  4. Defendant shall participate in the Orange County Drug Court Program for a minimum period of 7 months and a maximum period of 3 years.
  5. Defendant agrees to fully participate in the outpatient substance abuse treatment program, which involves 3 treatment phases.  Advancement to a higher phase will be conditional upon approval of the Judge based on information provided by the Orange County Drug Court Team.

     

    Outpatient Treatment Requirements:

  1. 7 months minimum, 3 years maximum
  2. 3 phases plus aftercare (the first 3 phases are 60 days each and aftercare is 30 days)

        Phase 1 Treatment (60 Days Minimum) Consist Of:

  1. 3 group sessions per week
  2. 1 approved self-help meeting per week
  3. 6 individual counseling sessions during Phase 1
  4. Bi-weekly meetings with the judge
  5. Random Urinalysis
  6. 30 consecutive days being substance-free to be phase-up eligible

     

    Phase 2 Treatment (60 Days Minimum) Consist Of:

  1. 2 group sessions per week
  2. 2 approved self-help meetings per week
  3. 4 individual counseling sessions during Phase 2
  4. Bi-weekly meetings with the judge
  5. Random Urinalysis
  6. 30 consecutive days being substance-free to be phase-up eligible

        Phase 3 Treatment (60 Days Minimum) Consist Of:

  1. 1 group session per week
  2. 3 approved self-help meetings per week
  3. 3 individual counseling sessions during Phase 3
  4. Monthly meetings with the judge
  5. Random Urinalysis
  6. 30 consecutive days being substance-free to be phase-up eligible

           Aftercare Treatment (30 Days) Consist Of:

  1. 1 group session per week
  2. Facilitate group discussion
  3. Random urinalysis
  4. Monthly meeting with the judge
  5. Random Urinalysis
  6. 0 consecutive days being substance-free to be eligible for program completion

6.) Defendant agrees to complete the diagnostic treatment evaluation and complete an individualized treatment plan.

7.) Defendant will be supervised by their assigned treatment provider case manager and/or the Department of Corrections.

8.) Defendant agrees to sign any and all releases required in order to allow their physical and/or mental health information to be released and/or Orange County Drug Court Program personnel, the Court, and any other people necessary for successful completion of the Orange County Drug Program.  This information is for Orange County Drug Court Program use only.

9.) Defendant will not change their residence, employment or leave Orange County, Florida without first obtaining permission from their treatment provider and/or supervising authority.

10.) Defendant shall appear in open court, when and as ordered by the Court and upon proper notification at Defendant’s last known address.  Failure to appear in court shall constitute a violation of the Orange County Drug Court Program.  Defendant acknowledges that they may be terminated from the Orange County Drug Court Program and the original prosecution reinstated if the Defendant fails to appear for a court date.

11.) Defendant will not use or possess any illegal substances, alcohol or controlled substances (including over the counter medications) without a proper prescription.  If the Defendant has a prescription, all new and refilled prescriptions must be provided to the treatment provider in advance of the Defendant taking the prescribed medication when possible.

12.) Defendant will not own, have in their possession, or attempt to purchase a firearm or weapon while participating in the Orange County Drug Court Program.

13.) Defendant will not enter any establishment whose primary purpose is to sell alcoholic beverages unless it is for approved employment or other necessary purposes and permission has been granted in advance by the Defendant’s treatment provider.

14.) Defendant will associate only with law-abiding persons and will not socialize or live with any other program participants.

15.) Defendant shall submit to physical and/or psychological examinations if ordered by their probation officer/treatment provider and obtain/maintain counseling or treatment if such is deemed necessary by the officer/provider.  Defendant will pay these treatment costs.

16.) Defendant agrees to attend self-help meetings such as Narcotics Anonymous or Alcoholics Anonymous as required by their treatment plan.

17.) Defendant agrees to contact their probation officer/treatment provider in advance, if possible, if Defendant is going to be late or miss a scheduled session.

18.) Defendant shall attend school or work regularly at a lawful occupation and shall participate in such other programs for evaluation or treatment as established for them by their probation officer/treatment provider.  Defendant shall pay the cost of said programs and/or evaluations.  Defendant shall immediately inform their treatment provider or other supervising authority of any change relating to employment, education, or treatment activities.

19.) Defendant shall truthfully answer all inquiries and shall follow all instructions from their probation officer/treatment provider and hereby grants permission for the officer/treatment provider to visit Defendant’s home, place of employment, school, or other location for the purpose of providing adequate supervision.

20.) Defendant agrees to submit to frequent and random drug testing.  Defendant understands that if they refuse to be tested, misses a test, or fails to provide a urine sample that test will count as a positive (dirty) urine test.  A positive urine test may result I further sanctions such as more intensive treatment, inpatient treatment, increased meetings, community service, jail time, or discharge from the program.  If the Defendant wishes to challenge the validity of a positive urine test, the Defendant shall pay all costs associated with said challenge through their treatment provider.

21.) Defendant can expect to receive incentives when doing well in the Orange County Drug Court Program.

22.) Defendant agrees that as a condition of acceptance into the Orange County Drug Court Program, that in the event of noncompliance with the Orange County Drug Court Program conditions (including but not limited to failure to attend required appointments or counseling, positive urinalysis or failure to show progress in treatment), Defendant freely and voluntarily waives the right to an arraignment hearing, the right to a reading of the Information and consents to the immediate imposition by the Judge of interim legal consequences and immediate sanctions including incarceration.  The Court has absolute discretion as to which sanctions, f any, will be imposed for violating their Orange County Drug Court Program agreement.

23.) Defendant agrees that they may be searched or subject to seizure without the requirements of probable cause or a search warrant at any time during their Orange County Drug Court Program participation.

24.) Defendant may be required to pay $900.00 to the Orange County Drug Court.

25.) Defendant shall pay $3.00 as a co-payment at each treatment visit to be paid to the treatment provider.

26.) Defendant shall successfully complete the Orange County Drug Court Program consisting of screening, evaluation, counseling and multiple random urine screens.  Defendant shall obey all Orange County Drug Court Program rules and regulations and all treatment provider rules and regulations.

27.) The Office of the State Attorney for Orange County, Florida agrees that should the Defendant successfully fulfill the terms and conditions of their Orange County Drug Court Program diversion track agreement, such success to be determined the State Attorney, the offense(s) for which the Defendant entered the Orange County Drug Court Program will be dismissed.  The State Attorney may determine that the Defendant is not in compliance with the Orange County Drug Court Program diversion track agreement and if so may at any time, prosecute the Defendant for the offense(s).  

Orlando Resisting An Officer Penalties
 
A conviction for resisting an officer  can result in many different penalties in addition to the possibility of being a convicted felon.  It is important for you to know what penalties you may be facing.  Some of the penalties for resisting an officer conviction may include:
 
  • Time in Jail or Prison
  • Probation
  • Classes
  • Community Service
  • Restitution
  • Cost of Investigation and/or Cost of Prosecution
  • Fines and/or Court Costs

*Program fees and costs subject to change without notice*

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