Obstructing, resisting, and failure to comply are the charges that get added to a case, usually after a stop or an arrest went badly for everyone involved. Each one has an element the state tends to skip: an act that actually hampered the officer, an arrest that was actually lawful, a signal to stop that was actually given. That is where these cases are decided.
Under Ohio Revised Code §2921.31, obstructing official business occurs when a person, without privilege to do so and with purpose to prevent, obstruct, or delay a public official's lawful duties, does an act that actually hampers or impedes that official. The act must genuinely interfere; mere annoyance or refusal to answer questions is generally not enough. The prosecution must prove each element beyond a reasonable doubt.
Under Ohio Revised Code §2921.331, failure to comply has two forms. The first is failing to obey a lawful order or direction of an officer who is directing traffic, which is a first-degree misdemeanor. The second, commonly called fleeing and eluding, occurs when a person willfully operates a motor vehicle to flee or elude an officer after receiving a visible or audible signal to stop. As of October 24, 2024, this second form is a felony, and the degree increases with the danger involved.
Under Ohio Revised Code §2921.33, resisting arrest occurs when a person, recklessly or by force, resists or interferes with a lawful arrest of themselves or another person. The statute requires that the arrest be lawful and that the resistance be either reckless or forceful. The seriousness of the charge depends on what happens during the resistance, increasing if an officer is harmed or a deadly weapon is involved.
Obstructing official business requires an affirmative act that actually hampered a public official. Staying silent, asking questions, or being argumentative is not the same thing, and these charges are frequently added after the fact alongside another offense. Speak with one of our attorneys about what you are alleged to have done. Consultations are free and confidential.
All three of these offenses are defined by what the officer was doing at the time, which means the officer's own conduct is part of the state's proof. An obstruction charge requires a lawful duty being performed. A resisting charge requires a lawful arrest. A failure to comply charge requires a lawful order or a visible signal. When the stop itself was bad, or the arrest was made without probable cause, the charge built on top of it fails with it. The body camera is where that gets decided, and in these cases it usually exists.
These charges are written from the officer's account, and the officer's account is written after the fact. The dash camera, the body camera, and the dispatch recording are the record of what actually happened at the stop, and they are preserved for a limited time. The Law Offices of Brian J. Smith, ltd. defends these cases in courts across Northern Ohio, and the first thing we do is request that footage. Consultations are free and confidential.
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The attorneys at The Law Offices of Brian J. Smith, ltd. provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.
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Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
The Law Offices of Brian J. Smith, ltd. provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Garfield Heights, Euclid, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Sandusky, Huron, Geauga, Lake, Ashtabula, Portage and Summit.
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