Getting arrested is a scary thought, but being mistreated by the authorities takes it to another level. It’s not only a violation of your personal space and against the law, but it also complicates your case. Most of the time,this is treatment takes place because the police exercise too much control and authority.
In such cases, you must know what the law permits the police to do.
Here are some common mistakes that police officers make and how they affect your case:
Lack of probable cause
When the police first arrive at your doorstep to arrest you, you must not give in without seeing an arrest warrant first. This is because you have every right to know why you’re being arrested.
If you’re driving with your family and the police stop you for no reason, it’s against the law. They must have probable cause for stopping you. Most police officers justify the act by stating that the defendant looked ‘out of place’ or ‘suspicious.’ In reality, this is illegal.
Make sure you point it out to the attorney or the judge when legal proceedings take place.
Misconduct
Just because the defendant was placed under arrest doesn’t mean they don’t have any legal rights.
The police can’t use physical force to coerce or hurt the defendant under any circumstance. It’s the court’s duty to decide how the case has to be dealt with—not the police officers.
At the same time, the police officer’s tone can be authoritative, but not abusive. If the police violate this, the arrest is illegal.
If the police do mistreat you, make sure you have some evidence to support your claim. It will work in your favor during court hearings.
Evidence protocol
Any piece of evidence that you have serves as an exit pass from the jail—if used correctly. Since most evidence is found at the site of the incident, the police might mistakenly or intentionally tamper with or alter the evidence to make things hard for you.
Any evidence related to the case has to be dealt with very carefully and diligently. There is a well-defined provision of law that determines how it must be gathered, transported, or saved. If some piece is found altered or broken, it can hugely impact the final decision of your case.
Be wary of a police officer who doesn’t know their rights! Our bail bond agents will be able to guide you and help you out. Get in touch with DeLaughter Bail Bonds if you’re in Adam’s County.
