request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

(773) 377-4310

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Bears CB Charged with Resisting Arrest for Spitting at Officers

Confrontations with the police can be tricky, especially after reading stories where officers overstep their bounds and use unnecessary force or make false arrests. However, you could be forgiven for thinking “don’t spit on police officers” is an obvious piece of advice.

 

Apparently, Chicago Bears cornerback Deiondre’ Hall missed that memo. In late March, after doing just that, Hall ended up getting tasered in the leg and arrested for multiple misdemeanors.

 

Officers confronted Hall, 22, around 1 A.M. on a Saturday night after a disturbance was reported at Sharky’s Funhouse. Hall was allegedly cursing and yelling at staff and customers at the bar. Hall was defiant when the officers approached him, and allegedly spit in the face of the officers as they tried to arrest him.

 

At one point, officers attempted to put him in the back of the police car, and upon his resistance, tasered him in the left leg. Police noted that Hall had bloodshot eyes and was slurring his speech. He refused to take a Breathalyzer.

 

Hall was cited for public intoxication, disorderly conflict for fighting, and interfering with official acts (resisting arrest). He has since been released on bail.

 

What Is Considered “Resisting Arrest” in Illinois?

 

Under Illinois law, resisting arrest, also known as obstruction or interference of justice, doesn’t have to involve spitting on officers, or even physical contact. Any of the following could be considered acts of resisting arrest:

 

  • Intentionally acting in a way to hinder the arrest
  • Acting or threatening to act violently toward an officer
  • Arguing in a loud or threatening manner
  • Attempting to flee the scene

 

Unfortunately, when people find themselves in a stressful situation, our “fight or flight” instincts can kick in and we may act without conscious thought. When dealing with a police officer, both of these instincts can get you saddled with a resisting arrest charge.

 

What If the Arrest Isn’t Lawful?

 

It is legal to resist an unlawful arrest, but you will have to be sure that the arrest is unlawful to have a legitimate case and have your charges dropped.

 

In order to make a lawful arrest, officers need probable cause. Probable cause is a measure that determines the likelihood that an individual committed a crime, but it is not always the clearest measurement.

 

An officer smelling marijuana around you or your car, or other similar observations can establish probable cause. Probable cause can also be established after a police officer receives witness testimony pointing the blame at someone, even if no other sources have been checked. Bottom line? Even if an arrest seems unfair, it may technically be lawful.

 

Regardless of whether or not you know you are innocent, if probable cause is present, an officer still has the right to put you under arrest. More evidence will be necessary to secure charges or a conviction, but in the moment you are being arrested, probable cause is all that is needed.

 

Know Your Rights

 

Chicago Resisting Arrest Defense Attorney

Every citizen should review their rights when it comes to law enforcement confrontations and what happens after an arrest or charge. The Sixth Amendment, for example, gives everyone accused of a crime the right to legal counsel.

 

That means, if you have been arrested or charged for a crime, you have the right to a lawyer. Talk to a Chicago criminal defense attorney to learn more about your rights and opportunities after being charged.

 

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Our Blog

Criminal Trespass and Civil Rights in IL: Discrimination and Profiling

Criminal Trespass

Criminal trespass laws are essential for protecting property rights and maintaining public safety. However, the enforcement of these laws can sometimes intersect with civil rights protections, leading to issues such as discrimination, racial profiling, and selective enforcement. In Chicago, individuals facing criminal trespass charges may be caught in these complex dynamics’ crosshairs. In this blog, we will explore the intersection of criminal trespass laws and civil rights protections in Illinois, shedding light on the challenges posed by discrimination and profiling [...]

RICO Act: Implications for White Collar Crime Cases in Chicago

White Collar Crimes

In the realm of combating organized crime and corruption, the Racketeer Influenced and Corrupt Organizations (RICO) Act stands as a formidable legal instrument. Originally enacted in 1970, this federal statute has been pivotal in targeting various criminal enterprises, including white-collar crimes.

In Chicago, a city with a complex socioeconomic landscape, understanding the implications of the RICO Act on white-collar crime cases is crucial. Let’s delve into the intricacies of this legislation, its application, potential penalties, defense strategies, and the significance [...]