A criminal defense attorney can help you clear your record in the case of a false arrest. A false arrest means that you were held by force by officers who didn’t have the authority to take you into custody. At times people are arrested but found innocent or have had the charges dropped. This is a different situation and doesn’t constitute a false arrest. Click here to find more about Summit Defense are here
Police officers are not the only ones who have made a mistake in issuing a false arrest. In fact, they are not the most common culprits. Police officers are usually extremely well versed in the law and are careful to do things by the book. The mistakes are more often made by security guards, security officers and bounty hunters.
Security guards or officers have had problems with improper arrest procedures as they try to protect stores or warehouses from burglary and shoplifting. They may see someone who appears to be preparing to steal items, but until the person tries to leave the premises, they can’t be arrested. Some states have made it illegal to conceal merchandise in coats, clothes, etc. while the patron is still shopping, as a way of having more control over theft.
Bounty hunters are allowed to make arrests if they have the proper warrants. Unfortunately, the average bounty hunter can be somewhat of a novice regarding specific legal maneuvering and even a bit of a vigilante, and therefore don’t always follow proper procedures. There have even been cases of bounty hunters being charged not only for false arrest but for kidnapping, when they inadvertently tried to bring a suspect to the authorities in an improper manner.
False imprisonment is often confused with false arrest. False imprisonment can occur not only in connection with police officers and jail time, but in ordinary citizens not allowing another person the freedom to exit a car, home, or building. Parents of unruly teenagers have even been charged with this crime after restraining them forcefully or having them snatched away in order to be committed to a reform camp.
A lawful arrest occurs when the police officer has a warrant, when the police officer believes that there is probable cause or when a suspect appears to be trying to escape a crime scene. If a person is found to be falsely arrested, any evidence or statements made by the suspect may no longer be used in the case. The person falsely accused would have his or her record cleared with a notation that they were, in fact, innocent. If you have been falsely accused of a crime, a victim of false arrest or involved in a false imprisonment crime, contact a reputable criminal defense attorney. With an expert on your side, your name will be cleared in no time.