Experiencing injustice is one of the most challenging situations anyone can face. It’s deeply unsettling to be accused of something you didn’t do and even more devastating to endure the consequences of that false accusation. Among the many injustices people face, unlawful arrests stand out as particularly distressing. Being wrongfully detained not only violates your rights but can also leave a lasting impact on your life, career, and emotional well-being.
In this blog, we’ll dive into the topic of unlawful arrests—what they are, how they happen, and why they are a serious violation of civil rights. Most importantly, we’ll explore how an experienced civil rights lawyer in California can help you fight back, protect your rights, and seek justice. Whether you’re seeking information for yourself or someone you care about, this article is designed to guide you through a difficult but important journey toward accountability and resolution.
What Is An Unlawful Arrest?
A false arrest, also known as an unlawful arrest, occurs when someone is held or restricted without a legal basis, such as probable cause or a valid arrest warrant. This sort of incarceration is carried out under the guise of legal authority but without the necessary legal justification. Essentially, an unlawful arrest breaches a person’s fundamental rights by putting them in unjust imprisonment.
The terms “false” or “unlawful” refer to the illegality of the imprisonment, not whether the victim physically protested or viewed the restriction as unlawful. False arrest is sometimes linked to false imprisonment, however some countries distinguish between the two. An accusation of wrongful arrest often entails an allegation of legal power to hold, whereas false imprisonment can apply to any unlawful restraint, regardless of whether legal authority was claimed.
Unlawful arrests are serious violations of civil rights and can have significant legal and emotional consequences for the victim. Recognizing and addressing these situations is critical, as they undermine trust in law enforcement and the justice system. Knowing when an arrest crosses the line into illegality is essential, as it may open the door to seeking accountability through legal channels.
How To Determine If Your Arrest Was Unlawful
Understanding the legal grounds required for a justifiable arrest is essential in determining whether your arrest was unlawful. Here are essential factors to consider:
1. No Probable Cause:
Law enforcement must have a reasonable suspicion, supported by facts and evidence, that you committed a crime. This is referred to as probable cause. This norm is violated when arrests are made based on suspicion, bias, or insufficient proof. For example, if someone is arrested solely for “looking suspicious” without any particular facts linking them to a crime, this may be regarded as an illegal arrest.
2. Improper Procedure:
Even if probable cause exists, the arrest must adhere to established legal procedures. You have the right to stay silent as well as to be represented by an attorney. If these rights are neglected or violated, such as forcing self-incrimination or denying access to legal counsel, the arrest may be illegal.
An Example of an Unlawful Arrest
Consider the following scenario: a police officer arrests someone only because they were near the site of a crime, despite the fact that there is no proof linking them to it. If the police are unable to provide specific facts or evidence to justify the arrest, the detention will most certainly be declared unlawful.
Recognizing an unlawful arrest can be difficult, particularly when legal procedures are not followed. Consulting with an experienced civil rights attorney is crucial to determine if your rights were violated and to explore the legal options available to you.
What To Do If You’re Unlawfully Arrested
Dealing with an unauthorized arrest can be overwhelming, but understanding how to manage the situation can make all the difference. At Kirakosian Law, we are here to help you through these difficult times. Here are some useful guidelines for protecting your rights:
- Stay Calm:
We realize it’s easier said than done, but remaining cool is essential. Avoid resisting arrest, as this can worsen the situation and complicate your case later.
- Avoid Arguing:
If you believe you have been unlawfully arrested, express your concerns politely. Avoid arguing with the officer on the spot; keep those points for your lawyer.
- Request a Lawyer:
This is your most crucial right. Make it clear that you want legal help and refrain from answering any questions until your attorney arrives.
- Gather Evidence:
If you can, take note of important details: the officer’s name, badge number, and any witnesses nearby. This information can be invaluable for your case.
Kirakosian Law: The Civil Rights Attorney For You
If you suspect you were wrongfully arrested, please contact us immediately. Our expert team is committed to protecting your rights and holding those responsible accountable. We will analyze your case, explain your legal alternatives, and support you every step of the way.
You do not need to confront this alone. We’re here to help you fight for justice and safeguard your rights.