Unlawful arrest, or more commonly known as false arrest, occurs when a person is wrongfully held in the police custody against his will. When the law enforcement authorities such as police officers involve in extra-judicial acts and step outside the scope of their authority, then some innocent people have to pay its price. Whenever it happens – intentionally or unintentionally, it essentially becomes an intrusion on the fundamental freedom guaranteed by the constitution. However, as long as the arrest warrant is issued on reasonable grounds by a judge, the police action could be justified for making an arrest.
Sometimes, police officers go on to arrest a person based on another person’s sworn statement. But if later on, it turns out that the sworn statement was a lie, then who is going to take accountability for the treatment meted out to the arrested person. Sometimes, out of racial prejudices or stereotyping different sections in society, the law enforcement officials hastily arrest innocent people and put them behind bars. Such a situation, therefore, is entirely uncalled for, which reflects a mindset that is required to be corrected for the betterment of people at large.
As per the Fourth Amendment of the US Constitution, a person has the right to be free unless a law enforcement officer has a reasonable ground to believe that the individual has committed a crime. Some of the frequent and most common false arrest cases are as follows:
- False drug trafficking charges
- Racial profiling
- False arrest after asking for a badge
- Arrested even after victim told police that he/she was not involved at all
- Arrests made on previous charges even after the victim was innocent
Responses to Unlawful Arrests
The law has empowered police officers to arrest those who break the law or take the law into their hands. But some law enforcement officers forget the very premise on which the constitution has equally provided its citizens a right to their liberty and a right to live. Such officials unflinchingly flout the laws themselves. In the US some states have been explicitly granted the right to resist unlawful arrests, while others prohibit it. So, the responses to unlawful arrests could be different in different states.
To put things in perspective, let us be clear that the police officers are trained to react to resistance in a particular manner. In certain situations, they are allowed to increase the level of force to overcome the resistance. So, it could get lethal for a person resisting a false arrest because the cops have the capacity to counter it and make it even more deadly. Which means resisting unlawful arrests can sometimes become unwise or unhealthy.
Moreover, in the court of law, the resistance to arrest is more likely to be interpreted as the existence of guilt rather than accepting it as a reasonable response to the unlawful arrest. It is very rare that the courts have challenged a police officers’ testimony and considered him untruthful, that he had fabricated the probable cause for arrest.
How to Tackle Such Situations?
If a person has every reason to believe that he/she has been arrested on a false premise or police has acted outside the purview of their authority, then it is recommended that he should speak to a criminal defense attorney or a bail bond service company as early as possible. It would be better not to make any statements unless he gets a fair chance to speak to an attorney or a bail bond agent. The law has provided the remedies if a person’s rights have been violated as the courts will provide him the opportunity to take legal help from someone who can represent him against his criminal charges.
How Bail Bond Services Assist in these Circumstances?
In an unfortunate turn of events, a single false or unlawful arrest can have serious implications in your life or that of your loved ones. People may start casting aspersions that could bring tremendous stress upon you and your loved ones or perhaps the whole family could suffer a lot because of that. Therefore, the bail bond services have actively been serving for quite a long even to such people who have faced charges based on false arrests.
With a neutral and unbiased approach, the legal experts working for these companies are well aware of what constitutes a lawful arrest and what constitutes a false imprisonment. They are extremely adept enough to carefully analyze each and every detail of your arrest and determine exactly how soon you can get a bail. In fact, in the event of unlawful detentions, these lawyers can emphatically pursue justice and claim for compensation as well.
A typical bail bond company acts as a lender that only deals amounting to bail money required to get a person out of jail. They work by taking a huge risk by becoming a guarantor in the court of law on behalf of the defender. The collateral adopted by the bail companies from the defendant ensures that the accused appears before the court. In exchange for this payment, the bail company charges an amount that is 10% of the total amount of bail bond determined by the court. So, when the defendant is released, the responsibility rests on the shoulders of the bail bondsman to ensure the return of defendant.