Massachusetts Legal Developments Blog

Why You Should Never Evade the Police

A long investigation into narcotics throughout Massachusetts recently resulted in two arrests. At the end of January, multiple law enforcement agencies who had been conducting surveillance on a stash house saw a man and woman leave the house and get in a car. 

Law enforcement then tried to conduct a traffic stop, which saw the motorist accelerate in reverse and collide with an unmarked police vehicle. The motorist continued driving in reverse to hide the vehicle in a nearby house’s driveway.  

Ultimately, the man was apprehended by the police when he tried to re-enter his house. Following the arrest, law enforcement discovered a handgun as well as a substantial amount of fentanyl which warranted a trafficking charge. The woman was discovered to have narcotics on her while she remained in the vehicle.

The arrest saw over 70 grams of fentanyl, over 70 grams of cocaine, methamphetamine pills, Xanax, several firearms, ammunition, cash, and other drug paraphernalia seized.

The suspect was ultimately charged with various offenses including conspiracy to violate drug law, assault and battery on a law enforcement officer, and trafficking both cocaine and fentanyl. 

It is easier than many people think to end up charged with resisting arrest. A person need not even have used physical force to end up facing these charges. Instead, making your body go limp or stiff when police are trying to place handcuffs on you can lead to these charges. 

What Constitutes Resisting Arrest?

You understandably want to avoid facing resisting arrest charges if you simply argued with the police over the nature of your charge. Many times, though, law enforcement will wrongfully escalate a situation and use excessive force to arrest a person, even in the process of making a legal arrest. Law enforcement is not permitted to use excessive force when arresting an individual. 

Evading the police is against Massachusetts laws. In Massachusetts, evading arrest constitutes any act of trying or actively eluding law enforcement after law enforcement has made clear their intention to arrest you. Regardless of whether you flee on foot or with a vehicle, it is against the law to evade the police. Furthermore, law enforcement might believe that a person is evading arrest when this might not be that person’s intention. It is often up to the prosecution to establish that a person intended to evade arrest. 

Factors that Influence Resisting Arrest Charges

Various factors can end up influencing the outcome of a charge associated with evading law enforcement. Some of these factors include:

  • Whether law enforcement was in uniform at the time of the arrest

  • Whether language barriers exist that made the arrest unclear

  • Whether the person who evaded arrest was aware that law enforcement vehicles were attempting to pull the person over 

Remember, if you evade arrest, you could almost certainly end up facing more serious charges than if you acted in a more agreeable nature after you found out that law enforcement wants to arrest you. 

Obtain the Assistance of a Compassionate Criminal Defense Attorney 

If you or a loved one has been charged with a drug offense in Massachusetts, you could end up facing serious penalties. One of the best ways to proceed in such a situation is to promptly obtain the assistance of an experienced criminal defense lawyer. Contact Attorney Edward R Molari today to schedule a free case evaluation.