How to Challenge a Wrongful Arrest
When a wrongful arrest happens, it is overwhelming and fear-inducing.
As the victim in such a case, you have certain rights to challenge, but it is important to know how to handle the situation as it unfolds. Though there are a few varying circumstances where wrongful arrests can take place, the outcome will always depend on what you do and how you act. Here’s what you need to know.
At the Point of Arrest
If the arrest is about to happen, there are certain things you can do to try and ease the outcome should you believe it is taking place without legal grounds.
Clarify the Reasons
You have every right to ask the officer arresting you why they are doing it, and what the supposed crime is. Do this calmly and without any hint of aggression while making it clear you are not resisting arrest, simply searching for clarification.
If the arresting officer did not heed your peaceful protest, and you have been taken to a local station, it is time to reiterate the complaint with another police employee. It is their legal duty to observe anyone being detained in the station, and this is an additional opportunity to state your case.
During an Interview
While it is of utmost importance to not say anything that could implicate you in a crime in any way, you should feel free to speak during the interview. If it gets to this stage, you can once more state your case calmly as to why you believe this detainment is unlawful. This should therefore be recorded as evidence in the official log.
Making a Legal Challenge
If none of the above actions lead to the justification of arrest being made clear, and you continue to be detained, you can move forward with your claim regardless. You have the right to legal representation, and this can lead to exploring how false arrest claims could play a role in your journey. For example, if bail is permitted and you are temporarily released, this is the perfect time to pursue this kind of proceeding to throw out the case entirely. A legal challenge such as this will require time, evidence, and mental resilience.
What Are the Benefits?
An experienced attorney will understand the intricate details of the law regarding your arrest. They will help you come to terms with what has happened and introduce a comprehensive strategy for how things should move forward. Wrongful arrests are harmful and often leave the victim shaken, angry, and depressed. Though there will be barriers to getting past, having a lawyer on your side is the best way to carry on with enhanced protection. It would be more difficult to challenge the wrongful arrest on your own because you don’t have the insight or skillset to navigate the nuances of the legal system.
Living through an unlawful arrest is never an easy thing to navigate. If you believe you have been treated unfairly and that an officer of the law has neglected their duty of care and legal responsibility, move forward with the challenge and don’t stop until it is rectified.