What to do if you’re a victim of a false arrest: Knowing your rights when it comes to the police. How to seek and attain justice.
Knowing your rights is essential when having a run-in with the police. Being falsely arrested can feel like an unjust experience, but it’s important to understand what rights you have if you have been unlawfully arrested. Understanding the legal principles around false arrest and seeking justice can protect you from unwarranted imprisonment. Below we look at what false arrest is, the lasting effects this can have on the individual, and the appropriate next steps.
What is False Arrest?
A false arrest happens when a person is wrongfully detained or held against their will by the police. For a false arrest to occur, it must be without probable cause or a valid arrest warrant. Probable cause could be an illegal act or an act of violence against an officer. It’s a violation of your Fourth Amendment rights to be falsely arrested.
Knowing Your Rights Around False Arrest
Knowing your rights is crucial to understand whether the police officer was in the wrong when they arrested you. Some of the most important rights to be aware of include:
- the right to be free from unreasonable searches and seizures – police officers must have probable cause or a valid arrest warrant to detain you
- the right to remain silent – you have the right to remain silent and not answer questions without proper legal representation
- the right to legal counsel – you have the right to an attorney, and it’s advisable to exercise this right before answering questions or accusing an officer of false arrest
The Lasting Effects of False Arrest
Being arrested wrongfully or unlawfully can have long-lasting effects on an individual. Firstly, the individual is no longer likely to trust the police and law enforcement, which is problematic for the police, the individual, and the community. A mistrust in the police causes a rift between officers and the community, which can make it difficult for officers to do their job properly.
Secondly, being falsely arrested can be a psychologically traumatic experience, leading to feelings of anger, anxiety, and distrust. It can also cause post-traumatic stress disorder (PTSD), which is a mental health condition caused by trauma. Thirdly, a false arrest can tarnish your reputation and could lead to social stigma, even if proven innocent.
Finally, fighting false arrest charges can be financially draining. With court appearances and legal fees, this can create a financial burden on an individual and their family, which can be incredibly frustrating when the officer was in the wrong. Luckily, you can get assistance from wrongful arrest lawyers, who will ensure you get the compensation you deserve for any lasting effects of a false arrest.
During a false arrest, it’s important to stay calm and comply, as actions considered aggressive or resistant can be used against you when trying to plead your case. Although it can be a frustrating experience, it’s best to follow the law and work with an attorney to seek justice. If you have been a victim of a false arrest, file a complaint at the police station and get in touch with an attorney as soon as possible.
