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Resisting an unlawful arrest

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On the one hand, it can be very risky to resist a police arrest that a person believes to be unlawful. Nevertheless, once the alleged resistance takes place, it is time for the criminal defense lawyer to review the applicable law for support for using reasonable force to resist an unlawful arrest.

Both Maryland and Virginia recognize the defense of resisting an unlawful arrest. Virginia v. Hill, 264 Va. 541, 570 S.E.2d 805 (2002); Arthur v. Maryland, ___ Md. App. ___ (July 2, 2010).