It is an absolute nightmare to not just be the prime suspect but also get through the official police interrogation of a crime that you haven’t even committed.
It will seem like no matter how much you scream about your innocence, there is concrete evidence that speaks against you. However, sometimes it is not just about the evidence but the lack of it.
Plus, whether you are innocent or guilty comes later when you are finally presented in a courtroom with a judge present. For now, it is about protecting your rights and not simply getting your innocence proved.
As a wrongful guilty party, we often have this misconception that the police can come and simply arrest us, ask us anything, and we are bound to answer, or simply rummage through our house and personal belongings.
In reality, you have rights reserved that can help you protect yourself in these situations.
What Is A Wrongful Arrest
The wrongful arrest is slightly different than being wrongfully accused of criminal activity. Although, both can occur at one time. Wrongful arrest is when you are arrested without any proper explanation. The situation can get even worse when there is force involved in the situation.
A wrongful arrest can also occur in the following ways.
- When no probable reason was given for your arrest.
- When the police inspector has lied to the court in order to get an arrest warrant.
- When the arrest warrant is invalid, i.e., there is wrong information on the warrant.
- When you are not allowed to peacefully read the warrant before an arrest.
- When an arrest is proceeding on the basis of racial discrimination.
- When physical force is executed to conduct the arrest.
In any of these cases, you have every right to call for an attorney and file a case against the officer in charge for wrongful arrest. Hire the best from William Proetta Criminal Law today.
What Is A False Criminal Accusation?
A false criminal accusation is something that is often the reason for wrongful arrest. This is when you are arrested and taken into custody even when you haven’t committed the crime. Here are some things which they cannot force you to do.
- A search warrant is not the same as an arrest warrant. So, unless the police inspector in charge is able to show both, they do not have the right to rummage through your belongings.
- You have every right to remain silent and refuse to answer a question.
- You also have every right to call for a lawyer before you are escorted inside the interrogation room, and you can refuse to be interrogated without the presence of a lawyer.
How To Handle It
Here are some of the expert-advised ways with which you can deal with this situation like a pro.
1. Just Innocence Is Not Enough
You have to take this matter seriously because just ‘knowing in your heart that you are innocent is never enough. You have to get all the legal knowledge on why you were arrested and will have any effect on your future.
What was the crime of your arrest, and what are the difficult punishments you will be subjected to when you are proven guilty in front of a judge. This is not to scare you even more, but you should prepare yourself for the worst; only then do the chances of you being proven innocent rise.
2. Call For A Lawyer Immediately
Now just reading about them wouldn’t be enough legal help. What you will need is an excellent criminal lawyer who will not only give you legal advice and help you understand your rights as a citizen but also make you more presentable and prepared for the hearing day.
If you are under arrest and you call for an attorney immediately,
Here are some of the ways that they can assist you.
- They will sit with you during the interrogation and prevent you from answering any questions which might harm your case.
- They can collect evidence for you and question the evidence that the police are presenting.
- They can go talk to potential witnesses and try to get them on board.
- In terms of wrongful interrogation during a hearing, they will be able to object and prevent you from answering anything uncomfortable.
- Once the case is over, they can help you clear these false criminal records from being permanent.
3. Get Legal Help Before Arrest
If the police suspect you of a crime you have been associated with, then you will understand. They will be asking you too many questions (although unofficial). Plus, they will try to get search warrants for your house just to collect some DNA samples.
Yes, an official arrest is yet to occur, but that doesn’t mean you cannot take the right legal help. Plus, what harm can a little overpreparation bring to you? The arrest might never happen, and you might need a criminal attorney after all. But, now you know your rights if it ever happens.
Remember, it is not about whether you are innocent; it is about knowing your rights so that no one is able to force you into confessing anything.
4. Do Not Talk To The Opposite Party
It might seem like a good choice in the beginning, especially if you are innocent. However, remember that if some changes were made against you, this automatically means that for them, you are not innocent.
Speaking to them will not be of any help; rather, the prosecution lawyer will take this ammunition to build a case against you. So, let your attorney do all the talking; you do not speak to anyone.
Do not wait for the police to offer you a criminal attorney; you must take action right away. Take action before it is too late because the less you take the situation seriously, the more difficult it is going to get later.
Call a reputed firm today, and ask for your first legal advice if you are suspecting an arrest. With the right legal assistance, you will have less panic.