Law enforcement officers require your cooperation to discharge their duties. Failing or refusing to abide by an order or directive by the police is an offense in California. A crime like tha could result in severe consequences, including time behind bars and payment of a hefty fine. You will also be left with a damaging criminal record that could affect your social and career life. Thus, if you face charges of disobeying the police, you will need the help of a competent criminal attorney to fight your charges in court. The prosecutor will table evidence against you to obtain a conviction. But your attorney can counter the prosecutor's evidence to cause the judge to reduce or dismiss your charges. Talk to a skilled criminal attorney for more information and legal guidance.
What It Means to Disobey a Police Officer
The police are more responsible for maintaining law and order and public safety. They enforce the law and detect, prevent and investigate crimes. The police cannot do all that without cooperation from the members of the public. For instance, they rely on the information given by eyewitnesses to build cases against criminals. They also rely on tips from public members to know what is happening in various parts of the state. Without your cooperation, the police will not be able to carry out their mandate, and bad happenings could occur where you live, including increasing crime rates.
California Vehicle Code 2800 is the law that prohibits members of the public from failing or refusing to cooperate with the police in their discharge of duty. The law requires you to abide by any lawful directive or order given by the police. Violating this law could result in misdemeanor charges, punishable by time in jail and payment of fines.
Interpreting this law is critical in understanding what disobeying a police officer means and its legal implications. Like so many other laws in California, this statute is not as straightforward as it seems. So many actions or lack thereof could result in charges under this statute. Here are some of the examples of activities that could result in Charges under VC 2800:
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Fleeing from an officer even after the officer has ordered you to stay still.
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Not complying with a police officer's order to come out of your car after a traffic stop.
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Driving through a clearly-marked emergency area that the police have enclosed for crime investigation
It is necessary to understand a directive or order by the police to avoid making the mistake of disobeying an officer while the officer is on duty. You could seek clarification if you do not understand what the officer means. However, if the officer does not give any order, you will not be guilty under this statute if you fail to do what the officer wants you to do. You need the help of an experienced criminal attorney to convince the jury of your innocence and compel the judge to dismiss your charges.
You go through the trial when you face charges for disobeying a police officer in California. The prosecutor must prove the following elements of the offense beyond a reasonable doubt for the court to find you guilty as charged:
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That you willfully failed or refused to obey a lawful directive, signal, or order of a police officer
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The officer was in their distinctive uniform at the time and was performing their duty
Let us look at these elements in greater detail to understand the offense even better:
A Willful Act
The crime of disobeying an officer involves a willful act of failing or refusing to follow an officer's lawful order, signal, or directive. A willful act is intentional, purposeful, or deliberate. It means you saw the officer's sign or heard their order or direction, understood it but still failed, or refused to comply.
A willful act is not accidental but deliberate. Some people act willfully when they know the consequences of their actions. If the prosecutor proves your actions were intentional or deliberate in court, you could be sentenced under this statute.
The Officer Was On Duty
An officer on duty will have their uniform and could be in a designated area where police officers perform their duty.
The police uniform is distinctive, characteristic of only the police. You are legally expected to know a police officer by their uniform. Thus, you should have known that the person giving you an order, directive, or signal was a police officer going by their uniform.
Having a distinctive uniform does not mean that the officer was in full police uniform or was wearing it at a specific formal level. For instance, being in plain clothes but wearing a police cap is adequate. But being in plain clothes but only wearing a badge is insufficient to support these charges.
Additionally, the officer must be performing their duty when the offense occurred. Police officers work in various areas, depending on the need. For instance, a traffic officer will be on the road, checking to ensure that motors abide by all traffic rules. Sometimes police officers are in the streets, gathering information or maintaining law and order. Being in uniform could be an indication that the officer was performing their duty.
Note that you could still be charged under this statute for failing to obey an out-of-service legal order by a member of the Highway Patrol or a member of any recognized law enforcement agency in California. An out-of-service order comes when your vehicle is declared improperly equipped or unsafe to operate on public roads.
How To Fight Your Charges
It is always a trying moment when you face criminal charges in California. The possibility of receiving a conviction is stressful enough. You could spend time in jail, pay a hefty fine, and live with a life-altering criminal record. However, you are allowed to fight your charges to avoid a conviction. If you face charges under California VC 2800, your attorney can aggressively use various legal strategies to compel the judge to dismiss your charges. Some of these strategies are:
Your Actions Were Not Willful
Remember that Vehicle Code 2800 requires you to have acted willfully in disobeying a police officer. It means that you disobeyed the officer deliberately or on purpose. You would not be guilty of this offense if that were not the case.
Your attorney can argue that you did not see or hear the officer's directive or order, which is why you failed to respond to the officer. You could not have seen the officer's signal if you did not see them.
Or you did not understand the officer's signal.
You could have thought that the officer was signaling someone else and not you. For instance, if you were driving and there were other drivers, it could have been easy to assume that the officer was speaking to another driver, not you.
The most crucial bit is convincing the jury that you did not disobey or deliberately ignore the officer. The judge will dismiss your charges if your defense is acceptable in court.
The Officer Was Not On Duty
California VC 2800 requires you to have disobeyed or ignored an officer while the officer is performing their duty. It is the only way you can face charges for disobeying an officer. If the officer was not working, then your charges will not hold.
Generally, police on duty are in their distinctive uniform. It is easy to tell that an officer is working by how they are dressed. If an officer was off duty and was probably taking a walk or relaxing in a restaurant downtown, you will not be charged for disobeying them.
The jury expects the prosecutor to prove beyond a reasonable doubt that the officer was on duty when you committed the offense. Records must show that the officer was working at the time. The court will dismiss your charges if the prosecutor cannot prove that.
It Was a Crime of Necessity
A crime of necessity occurs when you have a good reason to violate the law. In this case, you must convince the jury that you disobeyed an officer on duty for a good reason. Your intention for using this defense is to avoid a guilty verdict even when you actually committed the said offense.
For instance, your attorney can argue that you had an emergency at the time and could not stop as the officer had ordered. It could be that you were rushing someone to the hospital or needed urgent medical care at the time. But, you must support your defense with evidence for the judge to drop your charges.
Mistaken Identity
Mistaken identity is a valid defense strategy in cases where the police mistakenly charge you with a crime someone else committed. It could be that the actual perpetrator looks like you, drives the same car as you, or you are friends. These mistakes happen all the time; sadly, some people pay for other people’s mistakes.
If an officer signaled a driver or gave an order or a directive while the driver was still in their car, it is possible that the officer did not see the driver very well. Thus, the officer will assume the vehicle's owner, the driver, as the perpetrator. In that case, you must prove that you were not the driver at the time or were not driving on the route when the crime happened.
Your defense will weaken the prosecutor's case since they cannot prove beyond a reasonable doubt that you disobeyed an officer.
Improper Conduct By The Police
Your attorney can use this strategy to convince the jury to dismiss all evidence gathered against you. The law guides the police on how they must carry themselves while discharging their duty. For instance, if an officer signals you to stop while driving. They must ensure that you have seen and understood the signal. Officers must always ensure that their orders and directives are simple and easy to understand by public members. If an officer is arresting you, they must follow the proper procedure, including reading your Miranda rights.
If you feel that one or more officers did not conduct themselves as they should, you can use that as a defense strategy to convince the court to dismiss your charges.
Penalties for Disobeying a Police Officer
If the prosecutor proves all elements of the offense beyond a reasonable doubt, the jury will declare you guilty of disobeying a police officer. You will receive a sentence and subsequent penalties as provided under the law.
California VC 2800 is a misdemeanor offense punishable by:
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A maximum of six months in jail
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Court fines no exceeding $1,000
The judge could be kind enough to award you misdemeanor probation in place of jail time. It means that you will serve your sentence out of incarceration and under the direct supervision of the court instead of a probation officer. Misdemeanor probation lasts for about a year, though it could be longer for some situations.
The judge will set probation terms and conditions by which you must abide through your probation. During this period, you will return to the court to give a progress report and demonstrate that you comply with all set conditions. Some of the conditions you could receive for this offense are:
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Ensuring that you pay all court fines
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Completing community service
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Obeying all laws and ensuring you do not commit any crime while on probation.
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If the judge feels you could benefit from counseling or any other form of therapy, you will be ordered to attend a specific program that aligns with your needs.
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Participating in group counseling or therapy
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Seeking gainful employment
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Showing up on all court dates without fail.
It is vital to abide by all set probation conditions to avoid legal trouble. If the judge realizes that you have violated probation, they will summon you for a probation violation hearing to determine the violated conditions and your reason for violating them. From this hearing, the judge will make any of the following conclusions:
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Reinstate your probation and give you a stern warning against further violations
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Reinstate your probation but modify the terms and conditions by giving you stricter conditions
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Revoke your probation and order you to serve the maximum required jail term for your offense
You are eligible for early termination of your probation. The law allows judges to terminate misdemeanor probation early on specific conditions. You can petition the judge to end your probation early if you complete the terms of your probation ahead of schedule, without violations. Remember that judges have total discretion in granting petitions like these. Therefore, there is no guarantee that the judge will grant your request.
You Can Have Your Conviction Record Expunged
A criminal conviction on your criminal record negatively affects various aspects of your life, including your social and career life. People find it hard to trust or associate with people with a criminal background. Potential employers conduct background checks on job seekers and will hesitate to hire anyone with a criminal record. Thus, a conviction for disobeying a police officer could affect your efforts to socialize or find suitable employment.
Fortunately for you, California allows people with a conviction record to apply for an expungement of that record. Expungement relieves you of the penalties and disabilities that come with the conviction. You can qualify for expungement after a sentence for disobeying an officer. But it would be best if you met the following conditions:
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Complete your jail time or probation (whichever applies to your situation) — If you were sentenced to time in jail or the judge awarded misdemeanor probation, you must serve your term to the end before applying for expungement.
Remember that you must not have violated any probation condition for the court to accept your petition.
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You should not have pending convictions or criminal cases — You will not qualify for expungement if you serve time for another offense or are on probation.
If you meet these criteria, you can petition the same court where the conviction occurred to have your conviction record expunged. The judge will review your case and check your probation report to make the final decision. Once your conviction is expunged, it will not be publicly available. It means that potential employers, landlords, and service providers like insurance companies will not use your criminal background against you. But, you are required to disclose the conviction when applying for public office.
Find a Competent Van Nuys Criminal Attorney Near Me
If you face criminal charges for disobeying a police officer in Van Nuys, it helps to work alongside a competent attorney to understand the nature and legal implications of your charges. Your attorney will guide you through the complex legal process, explaining your options and planning a solid defense against your charges. You will likely obtain a fair outcome for your case if you engage the support of a skilled criminal attorney. At Leah Legal, we do not rest until you are satisfied with the case's outcome. Call us at 818-484-1100 and allow us to review your case for the best defense strategy.