The issue of wrongful arrest is a problem that is still at large every day in the US. It ultimately leads to distress, confusion, and potentially even trauma for a victim of wrongful arrest.
The good news is that you can protect yourself and others by learning about the issue and how to spot it. Below we have provided some details to help you so that the next time you encounter wrongful arrest, you may be able to step in or provide assistance to someone dealing with the issue.
Defining of Wrongful Arrest
A wrongful arrest is essentially the arrest of someone without the proper authority. It can also be defined as an improper conviction or detainment of a person without cause.
In order to properly arrest you, a police officer must do the following:
Identify themselves as the police.
Explain that you are being placed under arrest.
Identify what crime you are being arrested for.
Identify why it is necessary to arrest you.
Explain that you are being detained and you cannot leave.
Spotting False arrest
If you are at an event, in public, or in a general place where you are can see people potentially being arrested, it may not hurt to pay attention to ensure it is a legal arrest. It is important to note that you should not interfere with an arrest as this may be considered an obstruction of a public officer in their duties.
If you witness a false arrest, it may be wise to listen to the officer give the steps described above to ensure they are being followed. You may potentially later be used as a witness in a legal case as well.
What to Do if You Have Been Wrongfully Arrested
If you or a loved one has been wrongfully arrested recently, we encourage you to reach out to us at (904) 474-3115. We may be able to help build a strong defense for your case and help fight for your rights!