An arrest is wrongful when an individual is detained in the absence of appropriate legal authority.
Your Most Important Right
You have a right to be silent, and you should use it. Do not become belligerent. In fact, remain relatively mute, unless you are experiencing pain or injury as a result of the incident.
Answer only the questions that you are required to answer, such as your name.
Wrongful arrest includes:
- When the wrong person is placed under arrest
- When an arrest is made without probable cause that the individual caused a crime
- When an arrest is made without informing the suspect of his or her Miranda Rights
- When an arrest is made without just cause
- When a law enforcement officer obtains an arrest warrant by providing false information to the court
- When an arrest is made for personal gain or based on pure malice
- When an arrest is based on race
Specific examples of information to document:
- An accurate timeline of events and when each event occurred
- Contact information for possible witnesses
- Anything that was said, who said it, and who they said it to
Documentation is important for many reasons, but the victim isn’t the only person who can document police misconduct. If you witness the misconduct of a law enforcement officer, you should take notes about what you have seen and call someone immediately.
Examples of helpful documentation that witnesses can provide include:
- Detailed notes explaining exactly what happened. Keep your notes as clear and descriptive as possible, and jot them down in a chronological order (the time period in which each event happened). If there were any other witnesses, write down their names and contact information.
- Write a brief synopsis of the most relevant details. Describe who, what, where, and when. This information may seem trivial, but it is easy to forget important details after witnessing a traumatic experience.
Protecting You Against False Arrest
False arrest can be damaging to you, your reputation, your work, and your health. Our criminal defense attorneys have the experience and skill to defend your rights if you’ve been falsely arrested. If you have questions about your options and how our experienced legal team can protect your freedom and future, contact Keegan Law today for a free and confidential consultation.