Refusal to Obey Police Officer
In order to prove that the defendant is guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:
- The defendant was operating or in charge of a motor vehicle;
- The police officer was either in uniform or had his or her badge conspicuously displayed on the outside of his clothing;
- The defendant refused to give his or her name and address to the officer upon request, refused to give the name and address of the owner of the motor vehicle to the officer upon request, gave the officer a false name and address, refused or neglected to stop when signaled to do so by the officer, refused to produce his or license and registration upon the officer’s request, refused to sign his or her name in the presence of the officer); and
- The defendant realized that the police officer had made such a command, and the defendant intentionally disobeyed it.
Police officials have the shield of the badge and assumed innocence working on their side due to their status in the community, however federal laws exist to claims of police misconduct are investigated and brought to justice. The key federal criminal statute makes it unlawful for anyone acting with police authority to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States (18 U.S.C. § 241). Another statute, commonly referred to as the police misconduct provision, makes it unlawful for state or local police to engage in a pattern or practice of conduct that deprives persons of their rights (42 U.S.C. 14141 ). In situations where you have become a victim and have been wrongfully charged with a crime, an experienced Massachusetts criminal defense attorney will be there on your side.
Police misconduct is unacceptable under any circumstances and violates a citizen’s civil rights. The Law Office of Patrick J. Murphy is adamant in defending it’s clients against false criminal charges and ensuring that every citizen’s rights are respected and upheld to the utmost extent. As a dedicated criminal defense attorney, Patrick J. Murphy, Esq. has been instrumental in the vigorous defense of his clients throughout Massachusetts for over 18 years. At the Law Office of Patrick J. Murphy, our Massachusetts criminal defense firm investigates the details of each case thoroughly and strives to construct the most persuasive defense strategy to reduce or eliminate criminal charges. Ensure your rights are protected and your freedom is secure; contact the Law Office of Patrick J. Murphy 24/7 by calling 617-367-0450 or submitting the online contact form directly to our office.