Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

At 6' - 500 lbs Resisting Arrest is a simple as sitting down and refusing to get up.

Meet 45 y/o Howard Hendrix.  That's him above.  

Volusia County, Florida Sheriff's Deputies responded to a Domestic Violence call when they encountered Howie, all 6' - 500 or so pounds of him.  

The Deputies reported that Howie first resisted being cuffed, then refused to walk out to the patrol car, citing his "using his weight against deputies" and ultimately falling to the floor, from which he also refused to get up.

Due to his bulk, the Deputies could not pick Howie up and get him inside the patrol car, stating that he was "too large to put in a patrol vehicle"

It is unknown how Howie was ultimately taken into custody or transported but apparently he was, and he now faces several "post-the-fact" charges (factually unrelated to the reason the Deputies were called save Howie's alleged subsequent actions) which include Battery on a LEO and Resisting Without Violence.

The moral / lesson:  While being arrested sucks; picking up additional charges (especially bonus charges with LEO victims) sucks even worse.  The additional charges result in A) higher bond, B) more exposure in both sentencing and criminal records; C) more expense in both legal fees and court imposed fines, costs and penalties; D) additional complaining witnesses (and in the case of LEO's, both "professional" witnesses and ones who are almost guaranteed to appear in court as State witnesses against you); and E) motivation for the cops to "double down" and more aggressively support your prosecution (where they otherwise likely couldn't care less about your case once they drop you at the jail).

My advise:  Instead of resisting, complaining, TALKING.... just be cooperative and respectful, albeit as silently as possible, invoke your rights and call your criminal defense lawyer - who will do all the talking for you, much more effectively then you will, and without the "bonus charges" being levied against you.    HELP YOURSELF, HELP YOUR LAWYER TO HELP YOU... JUST BEHAVE AND INVOKE!