Person wearing handcuffs

What Is an Unlawful Arrest?

Getting arrested is a stressful situation. You’re afraid and uncertain of what’s about to come. But every arrest isn’t legal. Wrongful and unlawful arrests also happen when a person is wrongfully convicted by a police officer. Officers lack legal authority in such cases.

What is a wrongful arrest?

There are many reasons why an arrest might be deemed unlawful, including:

  • Arresting the wrong person
  • Arresting a person without probable cause
  • Arresting a person without reading the Miranda Warning to them
  • Arrest without cause
  • An arrest warrant with false information
  • Arrest for personal gain
  • Arrest based on ethnicity and race

Person being released from police custody

What should I do if am unlawfully arrested?

If a person is unlawfully arrested, they can file a lawsuit against the police officer who arrested them. The police department and township could also be targeted for the distress caused. Wrongful arrests are usually discovered when the matter reaches court since most individuals aren’t aware of the laws and their rights.

Can I resist arrest if I’m sure it’s wrongful?

If you’re arrested and feel that it’s unlawful, you can resist arrest. The person being arrested can tell the officer that it is wrongful. Once you have made that statement the officer can demand evidence of the statement. If the evidence provided is satisfactory, you won’t be arrested and the officer won’t be able to legally arrest you.

If you’re unable to provide evidence, the arrest proceeds. It’s best to cooperate with the arresting officer to avoid any issues along the way. When you are arrested, make sure you don’t provide any written or oral statements to the officers. Your statement will be used during the hearing and can affect your case. Hire an attorney to deal with your case, while also getting in touch with a bail bond service to keep you out of jail.

Get in touch with a bail bond service in Fulton County, IN to help you out. DeLaughter Bail Bonds is a family-owned and operated business that served Indiana since 2010. You can count on us to provide reasonable options for every person arrested. We provide bail bond services 24/7 for your convenience. Get in touch with our bail bonds agents at 260-578-0505.

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