It’s easy to feel powerless when you’re put in handcuffs for something you didn’t do. However, taking the right steps after a false arrest is crucial to protect your rights and build a case against this wrongful action. At the Law Office of Mike Howard, we’re committed to guiding you through these challenging situations.
Here’s a list of our recommendations on what to do if you believe you have been falsely arrested.
1. Stay Calm and Composed
The first and most important thing you can do when facing a false arrest is to stay calm. Any sudden or combative behavior can be used against you in the future. Having a resisting arrest, evading arrest, or assault of a public servant charge added to your charges will only make things worse. Remember, the goal is to protect your rights and avoid adding any charges to the situation.
2. Do Not Resist Arrest
As frustrating as it may be, never resist arrest—even if you know it’s unlawful. Resisting arrest could lead to additional charges that might complicate your case later on. There is a defense to resisting arrest but it requires that you prove that the arrest was unlawful (which is incredibly difficult to do). It’s best to comply with the officers and remain silent until you have legal representation.
3. Assert Your Right to Remain Silent
You have the right to remain silent when you’re being arrested, and it’s a right you should use. All you have to do is identify yourself (name, date of birth, and address). Do not try to explain, justify, or argue your case with the arresting officers. Anything you say can and will be used against you in court, so it’s best to politely state that you choose to remain silent until you have an attorney present.
4. Request an Attorney Immediately
One of the most important steps after a false arrest is to ask for an attorney right away. An experienced criminal defense attorney can help protect your rights and start building your defense strategy immediately. At the Law Office of Mike Howard, we believe in acting fast to secure the best possible outcome for our clients.
5. Gather Evidence
While the incident is still fresh in your mind, gather as much evidence as you can to support your case. Here are some important steps to take, some of which we can also help with:
- Document Everything: Write down every detail you remember about the arrest, including the time, location, and names or badge numbers of the officers involved.
- Collect Witness Information: If there were any witnesses to your arrest, try to get their contact information and ask if they would be willing to provide a statement about what they saw.
- Preserve Physical Evidence: Keep any physical evidence related to the arrest, such as your clothing, photographs of injuries, or any property damaged during the encounter.
6. Check for Video Footage
Video evidence can be a powerful tool in a false arrest case. If you believe that your arrest was captured on a security camera, dash cam, or a witness’s smartphone, it’s critical to let us know to try to obtain that footage as soon as possible. Surveillance footage can often help demonstrate your innocence and highlight any police misconduct.
7. File a Complaint
If you were wrongfully arrested, it may be beneficial to file a complaint with the police department’s internal affairs division. This can initiate an investigation into the officers’ conduct and help create a record of the incident. However, it’s best to do this under the guidance of your attorney to ensure that you don’t accidentally harm your case.
8. Explore Your Legal Options
A false arrest is a violation of your civil rights, and you may be entitled to pursue legal action against the police department or the individual officers involved. Your attorney can advise you on your options. Compensation could cover any financial losses, pain and suffering, or harm to your reputation caused by the false arrest.
9. Avoid Social Media
In the digital age, it’s tempting to post about your experiences on social media. However, anything you say or share online can be used against you in court. Even if you don’t say anything incriminating, a prosecutor can try to use it to discredit you or make you look bad. It’s best to avoid discussing the details of your arrest on social media platforms until your case is fully resolved.
10. Focus on Your Defense Strategy
Working closely with your attorney to develop a strong defense strategy is crucial. At the Law Office of Mike Howard, we understand the complexities of false arrest cases, and we will use our knowledge and experience to challenge the prosecution’s case, fight for your rights, and pursue the best possible outcome.
Why You Need a Criminal Defense Attorney in a False Arrest Case
False arrests are not only frustrating but also a serious infringement on your rights. Without the right legal representation, you could face unnecessary legal battles or even wrongful conviction.
A skilled criminal defense attorney will:
- Analyze the details of your arrest
- Challenge the evidence against you
- Expose any misconduct by law enforcement
- Build a compelling case for your innocence
- Pursue a civil rights claim for compensation if applicable
At the Law Office of Mike Howard, we are committed to defending those who have been wrongfully accused and standing up against violations of your rights. We believe in fighting tirelessly for justice and holding law enforcement accountable when they cross the line.
Contact the Law Office of Mike Howard
If you or a loved one has been falsely arrested, don’t wait to take action. Contact the Law Office of Mike Howard for a consultation. We’ll review your case, answer your questions, and outline the best steps forward to protect your rights and pursue justice.
