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Determining Whether Your Arrest Was Wrongful

By stladmin on May 15, 2023

The back of police officer with handcuffs on his belt

If you’ve been arrested, you may be wondering whether it was justified or not. Arrests can happen for a variety of reasons, but it’s important to understand the legal basis for arrest and how to determine whether your arrest was wrongful. Here we will explore the legal basis for arrest, common signs that your arrest may have been wrongful, and what you can do to defend yourself if you believe that you were wrongfully arrested.

Understanding the Legal Basis for Arrest

In the United States, arrests must be made with probable cause or reasonable suspicion, depending on the situation.

  • Probable cause exists when there is enough evidence to suggest that a crime has been committed, and the person being arrested is likely the one who committed it.
  • Reasonable suspicion is a less demanding standard and only requires a police officer to have a suspicion that a person is involved in criminal activity.

The standard for arrest can vary depending on the situation. For example, in a traffic stop, an officer must have probable cause to make an arrest. However, in certain circumstances, such as when a crime is being committed in an officer’s presence, a warrantless arrest can be made.

Signs Your Arrest May Have Been Wrongful

If you or someone you know has been arrested, it is important to know what constitutes a wrongful arrest. Here are some common indicators that your arrest may have been wrongful:

  • Lack of probable cause or reasonable suspicion: When a police officer does not have a valid reason to arrest you, it can be considered a wrongful arrest. For example, if the officer arrested you based on a hunch or a feeling, rather than actual evidence or suspicion, it may be a sign of a wrongful arrest.
  • Violations of your rights during the arrest process: If you were not properly Mirandized or were denied access to legal representation, it could be a sign of a wrongful arrest. These violations can significantly impact the legal validity of your arrest.
  • Police misconduct or bias: When a police officer engages in misconduct, discriminates against you, or violates your rights, it can result in a wrongful arrest. For instance, if an officer uses excessive force or plants evidence against you, it can compromise the legality of your arrest.

It is important to consult with a Campbell County lawyer if you believe your arrest was wrongful, as you may have grounds to file a lawsuit or have the charges dismissed.

I Believe My Arrest Was Wrongful, What Should I Do Now?

If you believe that you have been wrongfully arrested, it’s important to know that you have options. Here are some steps you should take to use your arrest as a defense:

  • Seeking legal representation: Hiring an experienced Gillette criminal defense attorney who can review your case and gather evidence to support your claim is essential. They can help you navigate the complex legal system and represent you in court.
  • Gathering evidence to support your claim: Proof of your innocence is essential, so be sure to gather any available evidence that can support your version of events. Documenting conversations and taking pictures of any physical injuries can also be helpful.
  • Filing a complaint with the appropriate authorities: Filing a complaint with the relevant authorities, such as the police department or prosecutor’s office, can be a powerful tool in holding any responsible parties accountable. Be sure to provide any necessary documentation and proof to strengthen your case.

You Have Rights When It Comes to Wrongful Arrests

Determining whether your arrest was wrongful can be challenging, but understanding the legal basis for arrest and common signs of wrongful arrest can help you prepare a defense. Remember, seeking effective legal representation is crucial if you want to protect your rights and defend yourself against false allegations. If you believe that you’ve been wrongfully arrested, contact Steven Titus & Associates, P.C., we have the expertise and experience to fight for clients that have been wrongfully arrested by police.

Call (307) 257-7800 immediately if you believe you have been wrongfully arrested in Wyoming.

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Posted in: Criminal Defense

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