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When Is an Arrest ‘Wrongful’?

Most people avoid thinking about it, but getting arrested can happen to anyone, even when they aren’t guilty. Wrongful arrests are quite common in the US. In a country with millions of arrests and convictions in a year and over 2 million people behind bars, even a one percent rate means thousands of wrongful arrests!

Therefore, it’s crucial for people in America to learn how to deal with wrongful arrests and have the contact detail of reliable bail binds services. People who are woefully unaware of how to handle a wrongful arrest often stand very little chance in the court and are highly likely to be stuck with a criminal record. However, knowing how to respond to a false arrest can help you avoid any criminal charges going in your record and can even help in obtaining compensation for all the inconvenience.

Understanding A Wrongful Arrest:

A wrongful arrest occurs when an individual is held in custody by a law enforcement agency without probable cause. A probable cause is compulsory for the police to hold the individual while they prepare the case against the individual. Without it, it’s illegal to hold anyone in detention. This limitation is put in place by state laws to uphold and safeguard every individual’s constitutional right to due process.

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How Do Wrongful Arrests Happen?

There are several situations that qualify as a false arrest. These include:

  • Arresting the wrong person
  • Arrest without making the suspect aware of their Miranda Rights
  • Arrest without just cause
  • Arrest under a false warrant or a warrant obtained with false information
  • Arresting the wrong person due to incompetent or improperly trained police officers
  • Arrest based on personal gain
  • Arrest under racial bias
  • Arrest based on personal vendetta or malice

How to Deal with A Wrongful Arrest:

It’s important to know the options that are available to you in case you’ve been a victim of a false arrest. The first thing you need to do is not resist. You can inform the officer that you are being wrongfully arrested, but physically resisting can lead to assault charges. This can make matters even worse.

Moreover, make sure you don’t talk to the officer about anything without the presence of a lawyer. Police officers have been known to coerce suspects into wrongfully implicating themselves.

Once you’ve been proven innocent, you can file a lawsuit against the police department, the officer in charge, and the state for damages against your person. This can include any physical or mental distress as well as the general negative impact on your reputation.

In case of a wrongful arrest, it’s important to post your bail and get out of jail as soon as possible. DeLaughter Bail Bonds offer affordable and dependable 24-hour bail bond services to the residents of Miami County, Elkhart County, Cass County, Hamilton County, and other areas in the state of Indiana. Get in touch with us today by calling (260)578-0505 or visit our website to learn more!

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