Let’s start this off by making things very clear. Aggravating a police officer or any official whom is in a position to protect the peace can place you in cuffs and send you to county if they feel at risk or their life is being threatened.
So if you can avoid this entire situation, just walk away.
But is the arrest legal or illegal for cursing at police?
Voicing your emotions to an individual while being flat out rude is not illegal (even though once it’s being said to us, we wish it were). Being rude to cops, including calling them names and cursing them out in public is looked down upon and not advised, but is still protected speech.
So can you explain why our friends, neighbors, family members still end up in cuffs and sent to county jail?
Many citizens of California, especially San Bernardino County are arrested for cursing at police or exchanging strong verbal insults towards police when in all reality, that speech is 100% fully protected by our constitution.
In 2015, the Washington Supreme Court dismissed an obstruction case after a 17-year-old boy was forcefully pulled from his own home after officers arrived due to a noise complaint. The reasoning for this arrest was due to the young man’s choice of words against the officers who arrived at his doorstep.
The attorney for this case made it very clear that the 17-year-old boy was simply protecting his family from police brutality and did not want them to enter his home, resulting in his family being put at risk. Case dismissed.
In early 2014, a couple decided to “flip the bird” to a police officer which resulted in an arrest, but a Second U.S. Circuit Court Judge stated that “flipping the bird” towards a police officer is not sufficient to create “probable cause” for a routine stop. Case dismissed.
How Much Time Can You Serve For Obstruction?
Every state in the United States has different laws, but if you are in California and have been arrested and convicted of Obstruction 602.1PC you can serve up to 90 days county jail, receive a fine of up to $400 or both jail time and a fine if convicted, depending on the magistrate. Many of these arrests are usually rejected after arraignment (a first court date) due to the lack of evidence being available which caused the initial stop. Contact a Police Brutality Lawyer if your rights have been violated.
Post Bail And Fight Your Case
Waiting in jail to speak to a judge should not be on your to-do list if you plan on fighting your case. The clients that we have bonded out from Future Bail Bonds contact us for our services, post bail the same day and once we grant them a 30-60 day extension, they contact the DA and resolve this matter outside of court or get the entire case dismissed. Our company offers payment plans and rebates for those who qualify. Contact Us today for more information.
So how far can you go before crossing the line? Well technically it depends on state and city laws and there are some cities within the United States that label this type of activity as Disturbing the Peace, resulting in a Penal Code violation. So if you must, which we highly recommend that you don’t, but if a family member or someone you know has cursed out a police officer which resulted in an arrest, you must take legal action.
Arrested in the San Bernardino County? Our San Bernardino Bail Bonds agents from Future Bail Bonds can assist you 24 hours a day, 7 days a week.