Nobody wants to get caught up in an unlawful arrest. Should you ever find yourself in this unfortunate situation, it’s best to know what steps to take during and after. In this blog post, we will discuss what exactly an unlawful arrest is, what actions will take place during, and what you should do after. Follow along with our blog to learn more.
What is an Unlawful Arrest?
Before you begin to take the necessary steps to protect yourself during and after a wrongful arrest, you should know what type of situation can actually be classified as such. If you are put under arrest for a crime you have not committed, arrested without Miranda Rights, arrested due to race, or any other personal gain you’ve been wrongfully arrested. Situations will vary on a case to case basis and can be personal, however when you’ve been arrested and feel as though it was a mistake there are certain steps you can take.
Steps to take During Unlawful Arrest
While you are being put under arrest, you can resist by making a statement to the officer that what is happening is unlawful. You must be able to bring forth evidence that you are in fact innocent and the officer is wrong; violence is not a form of resistance, so keep this in mind. Should you be unable to provide evidence that you are innocent, you must cooperate with the officer until you are in the presence of a lawyer. Laws after this point will depend on the state you were arrested in. It is important to know your rights, which is why waiting for someone who knows the law is the best course of action. During wrongful arrests, you should remember the Fourth and Fourteenth Amendments. Essentially, you cannot be issued a warrant without probable cause. Should you find yourself being arrested in a store simply because a manager suspects you were stealing or planning on stealing, remember there is no real probable cause. The Fourteenth Amendment states your case must go through the entire process of law. Your lawyer will be able to tell you what a proper timeline of your arrest should look like. At the end of the day, ensure you know your rights and follow accordingly. If you are able to make bail, this is the time to make it.
Steps to take After Unlawful Arrest
If your arrest was deemed unlawful, there are certain steps you can take in order to make up for the damages. Your best option is to file a lawsuit. Some common suites you can file are lost wages, damage to reputation, physical harm if any injuries were sustained, punitive damages, false imprisonment, malicious prosecution, or wrongful conviction. All suites you file should be thoroughly discussed with your lawyer beforehand to make sure you qualify. Another important factor to keep in mind is refusing to plead guilty. If you plead guilty, then later on your case is thrown away due to it being unlawful, you will be unable to file a lawsuit.
Finding yourself being wrongfully put under arrest is never a situation you want. Should you be unlawfully arrested, it’s important to know the steps you should follow during and after to ensure at the end of the day everything works out. If you need help getting bail to start your wrongful arrest case, check out our website!