RResisting Arrest Cases

          Resisting arrest cases can be difficult to defend because a lot of jurors have a predisposition to favor cops.  Another problem is that a lot of defense attorneys are afraid to aggressively attack cops for fear of alienating jurors.  Addison has approached these cases with the mentality that the jurors expect him to do his job, and his job is to vigorously defend his client, even if it hurts a cop's feelings.  One of his proudest moments was when as a young attorney doing one of these trials, the cop testified that a scratch (it really was a scratch, like a person gets when playing with a kitten) was an injury.  Addison's question for him on cross-examination was, "Would you categorize that 'injury' as more of a 'boo boo' or an 'owey.'"  The jury laughed, and the district attorney's objection was sustained, but at that moment, Addison threw out the "jurors don't like it if you're tough on the cop on the witness stand" mentality, not that he ever had that mentality.

          The reality in almost all resisting arrest cases, especially the felony Penal Code § 69 cases, is that the cops beat someone up, and now they're charging that person with resisting arrest in order to cover for themselves.  If you need to hire a lawyer for a resisting arrest case, you need a lawyer who has experience negotiating resolutions to resisting arrest cases and with resisting arrest trials, and who has won resisting arrest trials that have gone before a jury. Addison has not only done many resisting arrest trials, but he also had successful outcomes in them.  He has done eight resisting arrest trials and won (and by "won," he means either an acquittal or an immediate reduction to a misdemeanor after trial) five of those trials.  Because the district attorney decides which cases go to trial, and most of the time, only cases with strong prosecution evidence go to trial, a defense attorney expects to win maybe one in ten trials.  Addison's record of five out of eight trial wins in resisting arrest trials far surpasses that.

          Addison's resisting arrest trial successes include the following:

Whiston K., 1015758

• Charges: Resisting arrest with force (Penal Code § 69) and assault on a police officer (Penal Code § 243(c)(2).
• Exposure: Whiston was facing three years, eight months in prison.
• Outcome: Whiston was acquitted of all felony charges and was sentenced to misdemeanor probation without any actual jail time.  He came to the rescue of his fellow college football player when the police in Isla Vista were arresting his friend.  The police then beat up Whiston.  A bystander videotaped the beating.  The bystander testified that he filmed it because he felt, "It was like Rodney King."  The police threatened the bystander with arrest for filming the beating and confiscated his video camera.  An uninvolved UCSB student that witnessed the incident testified that she couldn't be sure which police beating it was until she saw the videotape of the incident because she had seen so many police beatings in Isla Vista.  None of that evidence stopped the district attorney who fought the whole way in order to try to protect the police.  Whiston was playing football at the community college level; if he had been convicted of a felony, it would have severely impacted his prospects of getting a football scholarship to a four-year university.  He went on to play at South Dakota State.  He is now working as a teacher in Hawaii.
  

The verdict forms where the jury acquitted Whiston of all felony charges.

Adreian J., RIF115383

• Charges: Possession of crack cocaine for sales (Health and Safety Code § 11351.5), transportation of rock cocaine (Health and Safety Code § 11352(a)), possession of a weapon (a billy club) (Penal Code § 12020(a)(1), resisting arrest with force (Penal Code § 69), battery on a police officer (Penal Code § 243(b)) and destroying evidence (Penal Code § 135), special allegations of two prison term priors (Penal Code § 667.5(b) and two dope sales priors (Health and Safety Code § 11370.2(a)).
• Exposure: Adreian was facing fourteen years, four months in prison.
• Outcome: Adreian was acquitted of possession for sales, he was convicted of the conceded lesser included offense of simple possession for personal use, convicted of transportation of crack cocaine, he was acquitted of possession of a billy club, he was acquitted of resisting arrest with force, acquitted of battery on a police officer, and only convicted of the misdemeanor lesser included offense of resisting arrest and misdemeanor destroying evidence. He was sentenced to prison and has paroled and is home now.
  

Larry F., RIF124937

• Charges: Attempted carjacking (Penal Code § 664/215(a)) and resisting arrest with force (Penal Code § 69), with seven prison term priors (Penal Code § 667.5(b)) and two strike priors (Penal Code § 667(c)&(e)(2)(A)/1170.12(c)(2)(A)).
• Exposure: Larry was facing fifty-seven years to life in prison.
• Outcome: Larry was acquitted of the resisting arrest charge by a granted Penal Code § 1118.1 motion during trial.  That acquittal saved him from an additional 25 years to life on his sentence.  He was convicted of the attempted carjacking and sentenced to 35 years to life in prison.  He has since paroled and is home now.
  

Derek  H., 1073166

• Charges: Resisting arrest with force (Penal Code § 69), trespassing (Penal Code § 602.1(a)), and battery on a police officer (Penal Code § 243(b)).
• Exposure: Derek was facing three years in prison.
• Outcome: Derek was acquitted of battery on a police officer.  He was convicted of trespassing, and he was convicted of resisting arrest with force, but the judge reduced the conviction to a misdemeanor after trial, he was sentenced to misdemeanor probation and could not be sent to prison even if he violated his probation because he was only convicted of misdemeanors.
  

Richard S., 1071841 

• Charges: Assault on a police officer (Penal Code § 243(c)(2)), resisting arrest (Penal Code § 69), domestic violence (Penal Code § 273.5(a) and failure to appear in court (Penal Code § 1320.5).
• Exposure: Richard was facing five years, four months in prison.
• Outcome: Despite his girlfriend testifying that Richard had hit her, a highway patrolman testifying that Richard had hit him, and testimony that court records showed that he had not appeared in court, Richard was found not guilty of assault on a police officer and all the lesser included offenses with that charge, not guilty of domestic violence and the lesser included offense, and not guilty of failure to appear in court.  He was found guilty of resisting arrest, but the judge immediately reduced that charge to a misdemeanor.  The incident was a result of a Highway Patrol stop on the Highway 101.  An inexperienced Highway Patrol officer started the encounter by pulling out his gun and pointing it Richard and his child that was next to him in a car seat.  When the other more experienced Highway Patrol officer was asked on the witness stand why he didn't pull and point his gun, he answered with two words, "More experienced."  Richard was sentenced to misdemeanor probation and could not be sent to prison even if he violated his probation because he was only convicted of a misdemeanor.
  

This is Richard's Verdict Form from when he was found NOT GUILTY of battery on a police officer.

• Have you done a resisting arrest trial before?
• This question is important because a resisting arrest trial typically involves the testimony of the complaining cop witness (alleged cop victim) against what really happened. It requires an experienced attorney who is skilled in questioning a cop-complaining witness.
• Addison has done eight resisting arrest trials.
• What were the results of your resisting arrest trials?
• This question is important because in a resisting arrest trial, there are so many ways to fight hard and win, and the attorney has to be willing to stand up and fight, even if it's against a cop witness.  If an attorney has won several resisting arrest trials, that attorney has the experience and skills to handle the level of complexity involved in a resisting arrest trial.
• Addison has won (and by winning, we mean either an acquittal or reduction to a misdemeanor) five of the eight resisting arrest trials he's done.  If you find another attorney who has done the number of resisting arrest trials that he has done and has had more successful outcomes than he has had, hire that person.  If you want the best possible chance of winning your case, you should contact Addison.
• Do you train other lawyers in your techniques for winning resisting arrest trials?
• This question is important because, typically, only the leading lawyers in a field are invited to conduct training for other lawyers.
• Addison was a speaker at the California Public Defenders Association (CPDA) homicide defense training in 2011 to train on my winning trials by humanizing the client method. I have also been given the same training at the Riverside County Public Defenders Office, the Riverside County Barristers, the Santa Clara County Public Defenders Office, and the San Francisco County Public Defenders Office. I was a speaker at the CPDA homicide defense training in 2012 to train on utilizing a neuropsychologist in a homicide case. All these skills and techniques that I teach are easily utilized in resisting arrest trials.
• How long were the resisting arrest trials you've done, and how many days of defense did you present?
• These questions are important because although some cases just call for a short trial, a short trial can also mean that the prosecution was not sufficiently challenged or that no defense was presented.  A resisting arrest trial that lasts three or five court days is reason for concern because it's an indicator that the prosecution is not being thoroughly challenged and a complete defense is not being presented.
• Addison has spent 57 court days in resisting arrest trials. I have a success rate in resisting arrest trials that is really unparalleled.