Dallas Resisting Arrest Attorney

Texas law requires that you comply with a police officer, should one attempt to place you under arrest, search you, or transport you to jail. In addition, it is against the law to prevent or obstruct a policeman from arresting, searching, or transporting another. In either instance, it makes no difference whether or not the arrest was lawful. For example, even if a judge later issues a court order stating that the underlying arrest was unconstitutional, or if the original case for which you were arrested results in a dismissal or acquittal at trial, you can still be prosecuted for the the offense of resisting arrest, search, or transportation.

Sometimes, you may not know that a peace officer is attempting to place you in custody. For example, if a plainclothes or undercover officer seeks to arrest you, and fails to inform you that he is a member of law enforcement, you may think that someone is trying to to kidnap or unlawfully restrain you. Under these circumstances, you may have a defense to prosecution, because the statute requires that you know that it is a policeman with whom you are dealing.