Resisting Arrest & Obstructing Justice

Chicago Criminal Defense Attorney

Resisting arrest and obstructing justice are serious charges. You need equally serious representation. Schedule a free initial consultation with Hallock Law to learn how a Chicago criminal defense lawyer can help fight your charges!

Resisting Arrest Laws

Illinois' resisting arrest statute applies where a person "knowingly resists or obstructs the performance of a police officer during the officer's performance of an authorized act in his or her official capacity." This definition covers a wide range of verbal and physical conduct. However, the defendant must have been aware that his or her conduct was practically certain to interfere with the officer's investigation or arrest. Illinois' resisting arrest statute is listed under 720 ILCS 5/31-1.

Obstructing Justice Charges

Illinois' obstructing justice statute applies where a person "destroys, alters, conceals, or disguises physical evidence, plants false evidence, or furnishes false information, with the intent to prevent the apprehension or obstruct the prosecution or defense of any person." This expansive and vague definition covers arguably innocent conduct. For example, the Illinois Supreme Court has explained that "concealing" evidence is "obstruction" only if the person materially impedes the investigation. Other versions of this offense are subject to attack as well. Illinois' obstructing justice statute is listed under 720 ILCS 5/31-4.

Schedule your free evaluation today with Hallock Law.

At Hallock Law, I take a personalized approach to every case I handle. Due to the differences in circumstances, no situations are alike and all require unique defense strategies. I also make sure that I am compassionate to your situation. I know the situation you are in and I have seen it all before. When you come to my firm, you are retaining the services of a skilled and trusted Chicago criminal defense lawyer.

Contact Hallock Law if you need a skilled and committed resisting arrest and obstructing justice defense attorney in Chicago.



What You Should Do

  • Be respectful.
  • Calmly record the interaction.
  • Ask if you are free to leave. If you do not ask, the officer may think—and the judge may agree—that the interaction was consensual.
  • If you are free to leave, go! If you are not free to leave, do not answer any questions before speaking with your attorney.

What You Should Not Do

  • Do not physically resist arrest.
  • Do not become aggressive or confrontational.
  • Do not consent to a search. The Constitution does not apply if you consent.
  • Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.

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