15 May 2003
SW Virginia Law points out the new laws as laid out in a brief for the Circuit Courts.
Must admit that I am pleased to see the resisting arrest charge. Now my clients will not so often be faced with the choice of pleading to an obstruction they didn't commit or a felony eluding which they don't deserve. Ruckman and Jones are still out there (although generally ignored by judges I practice in front of) so the obstruction arguments won't go away otherwise. Good gracious, I wish the Legislature would fix that gawd-awful law. Every client I get who stiffened his arm while the officer was handcuffing him gets charged with it even though the two cases supra seem to make it clear that the act required must be one which would stop the arrest not impede an intermediate act. Judges convict. Every time.
Author: Ken Lammers on 5/15/2003