Police Interaction & Interference Allegations
Aggressive Defense Against Obstructing Official Business Charges
Protecting Your Rights During Disputed Police Encounters
At the Law Office of David A. Chicarelli Co., LPA, we defend individuals charged with obstructing official business, resisting arrest, and failure to comply with lawful police orders across Southwest Ohio courts. These charges frequently get added by officers during stressful interactions when citizens attempt to assert their constitutional rights.
What Do I Do If Charged with Obstruction or Resisting?
Obstruction charges often stem from tense police encounters. Protect your legal standing with these steps:
1. State Identity & Invoke Silence
- Provide legal name: Present physical identification to officers upon demand.
- Decline interrogation: Say: "I am establishing my identity, but I decline to make statements without my lawyer."
2. Challenge the Lawfulness of the Initial Police Encounter
- Audit officer justification: Have your defense counsel examine if officers possessed reasonable suspicion to initiate the encounter.
- Mere silence is legal: Assert that refusing voluntary questioning does not legally constitute obstruction under Ohio R.C. 2921.31.
3. Retain Constitutional Defense Counsel
- Review bodycam footage: Inspect officer audio and video recordings for procedural misconduct.
- Proven trial authority: The Law Office of David A. Chicarelli Co., LPA leverages over 50 years of legal experience to defend your rights.
Frequently Asked Questions About Obstruction Charges Defense in Ohio
What constitutes Obstructing Official Business under Ohio R.C. 2921.31?
Obstructing official business involves performing an affirmative act that hampers, impedes, or obstructs a public official or law enforcement officer in the performance of their lawful duties. Mere silence or refusal to answer questions does not legally constitute obstruction.
Can I be charged with resisting arrest if the underlying arrest was unlawful?
Under Ohio law, resisting arrest (R.C. 2921.33) applies if you resist a lawful arrest. If the officer lacked reasonable suspicion or probable cause to initiate the arrest, your defense counsel can move to dismiss both the arrest and the resisting charge.