Was I Wrongly Arrested?

Being arrested is a frightening experience, and to find out that it may have been done illegally or outside of proper protocol can be even more upsetting. Here’s how to know if you may have been wrongfully arrested and how to get legal help after being charged with a crime.

What Is False Arrest?

A false arrest occurs when a police officer arrests you and takes you into custody without probable cause or a warrant that a judge has issued for your arrest. Probable cause is the reasonable suspicion that a crime has occurred based on observable evidence. This may or may not include search and seizure. If you were arrested without probable cause, you may be the victim of a false arrest.

4th Amendment Laws

The 4th Amendment to the U.S. Constitution protects you against wrongful arrest. It states that individuals have the

“right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Source

Elements of a Wrongful Arrest

There are generally three requirements to prove that a wrongful arrest has occurred:

The police officer used force or their authority to restrain you.
You were not free to leave, either because the officer told you or because you physically were not able to due to being handcuffed, locked in a room, etc.
The law enforcement officer knowingly arrested you without the probable cause necessary to do so legally.

If the officer asked you to come with them, or you volunteered, you may have a difficult time proving your false arrest case.

How a False Arrest Can Impact Your Criminal Case

If you were falsely arrested, you may be able to have the charges brought against you dismissed. This means that because the officer did not follow proper protocol when arresting you, you cannot be charged for the crime. However, you must be able to establish that the officer who took you into custody did so illegally.

Charged with a Crime? Contact an Experienced Maryland Criminal Defense Lawyer

If you were arrested and you believe it was without probable cause, don’t hesitate to get help from a criminal defense attorney. Contact Iron Chris today for a consultation at 860-530-1871.

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Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.