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Protect yourself if you are falsely arrested

On Behalf of | Aug 30, 2017 | state criminal charges |

Too many people make assumptions about the criminal justice system that ultimately jeopardize their rights and freedom. For instance, people often assume that if they are arrested for something they didn’t do, all they will have to do is tell their side of the story to clear things up and then head home.

Unfortunately, this does not always happen. Police can arrest you, accuse you of a crime and detain you until your trial or until they learn their mistake. This is false arrest, and unfortunately, it happens to innocent people all across the U.S.

This was the case for one man who spent 12 days in different jails after a false arrest. To make his situation even more upsetting, he suffers from claustrophobia and the time spent in cells has caused incredible damage that will likely affect him indefinitely.

False arrests occur when police arrest and detain a person without probable cause or a warrant. In the case of the man with claustrophobia, reports indicate that he was detained despite the fact that police had not obtained cellphone records that cleared his name before seeking a warrant.

Ultimately, false arrests will often end with dropped charges and a person’s release. However, by that point, a considerable amount of damage may have already been done. Beside the emotional trauma of a wrongful arrest and detainment, a person may have also lost his or her job or missed critical events and deadlines.

In cases where the charges are not dropped, a person could wind up facing the possibility of a wrongful conviction.

Considering all that is at stake and how upsetting it can be to be wrongfully accused of a crime, it is crucial for anyone in this position to consult an attorney as soon as possible. There is not much a detained person can do besides continue to proclaim their innocence and hope the police and prosecutors realize their mistake.

However, an attorney can help a person in this situation understand their rights and fight for his or her release by collecting or providing evidence that shows he or she was wrongfully arrested.