The majority of arrests are carried out with good intentions, which is to protect the wellbeing of US citizens and bring justice to wrongdoers. Unfortunately, some arrests are done wrongfully, meaning that the individual has been wrongfully convicted and detained by police.
Today, wrongful arrests aren’t uncommon, meaning that innocent folks need to know how to protect themselves if they become victims. The most common cause of this happening is when a retail employee holds a customer against their will because they believe the customer has shoplifted their products, or that they call the police to arrest the individual without any evidence.
If you have experienced anything similar to this, you have experienced a wrongful arrest.
Resisting wrongful arrests
In many cases, if you have been wrongfully arrested or feel like the arrest is wrongful, you have the right to resist the arrest. However, there is a right way to do this, and that is to tell the police officer that the arrest is wrongful. Do not fight or commit acts of violence to resist, as this will only lead to trouble.
Once you notify the officer that the arrest is wrongful, the police officer will ask you to show evidence that the arrest is wrongful. If you are able to, then the police officer will not be able to arrest you. If you have no proof to back up your claim, the best thing you can do is to cooperate with the police. Resisting without proof will only lead to further complications.
Protection against wrongful arrests
Under the 4th and 14th Amendment, US citizens are protected against wrongful arrests. The 4th Amendment states, “No warrants shall issue but upon probable cause supported by oath or affirmation.” The 14th Amendment states, “No person shall be deprived of life, liberty, and property without due process of law.” These two amendments will protect you, ensuring you have your rights during a wrongful arrest.
What you can do if you have been wrongfully arrested
In any case that you have been wrongfully arrested, you can sue various types of damages during the period of arrest. For instance, you can sue for injury to reputation, loss of income, false imprisonment, wrongful death, and physical harm. Even illnesses that occur during the wrongful arrest can be grounds for a lawsuit, allowing you to be fairly compensated for the troubles you face. Keep in mind, however, that if you are found to be guilty of the charges that were brought against you, your lawsuits will be immediately dismissed, meaning you can no longer sue.
Conclusion
While law enforcement does their best to carry out their legal duties to keep communities a safe and trouble-free environment, problems do happen. Wrongful arrests occur on occasion, and more often than not, people wrongfully accused do not have the evidence to back up their innocence.
Fortunately, criminal defense attorneys are accessible, meaning that if you find yourself wrongfully arrested, you have access to the help you need to get out of trouble. With a professional lawyer by your side, you can increase your chances of success to deny any charges made against you, and be compensated fairly for the trouble you have faced during the wrongful arrest.
Ronemus & Vilensky is an accident and malpractice attorney, offering those dealing with medical malpractice, personal injury, civil rights, and other matters to get the support they need. If you need wrongful arrest lawsuit settlement help in New York, work with us!