Were You Arrested Without Legal Cause?
Was My Arrest Made In Error? An arrest by a police officer can be an extremely upsetting experience. If you learn later on that your rights may have been violated and you were arrested without legal cause, it’s important to take action. Here’s what you should know and how you can get help after a false arrest.
The Basics of False Arrest
A wrongful arrest is when a person is arrested by a police officer who doesn’t have an arrest warrant ordered by a judge or probable cause. A Criminal Defense Attorney will advise that Probable cause establishes that the arresting officer has been able to reasonably deduce that a crime was committed with evidence either readily available or obtained via search. If you were taken into custody without probable cause, you may have been falsely arrested.
How the 4th Amendment Comes Into Play
The 4th Amendment to the United States’ Constitution protects against wrongful or false arrest. This law states that the country’s citizens have the “right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Wrongful Arrest Factors
Usually, three elements have to be proven to show that a wrongful arrest took place:
- You were unwillingly restrained by a law enforcement officer either by force or authority.
- You were physically or verbally prevented from leaving, such as if the officer restrained you in handcuffs or a locked room, or told you that you weren’t free to go.
- You were arrested intentionally by the officer, knowing that there were no grounds to take you into legal custody.
You may have a harder time proving your false arrest case if the police officer asked that you accompany them and you complied with their request, however, an experienced Criminal Defense Lawyer can help you understand your rights.
Will a Wrongful Arrest Impact the Criminal Charges You’re Facing?
The court may decide to dismiss the charges against you if you can prove that you were arrested by a police officer without enough probable cause. Essentially, the charges are dropped because the state can’t prosecute you for a crime you weren’t legally arrested for. That said, you’ll need to have good evidence to show for the dismissal of your charges on a claim of wrongful arrest.
Arrested for a Criminal Offense? A New Jersey Criminal Defense Attorney Can Assist You
Don’t wait to get legal assistance after being wrongfully arrested by a police officer for a crime. Call Hubert Criminal Defense & Injury law now for a consultation appointment at 856-384-6553.