What Are the Types of Wrongful Arrest Cases?

Did you know that approximately 975 innocent people are being locked up every year? These innocent and unfortunate people are serving time in jail for something they didn’t do. Wrongful arrest cases involve complicated legal, moral, and human rights issues. 

Each time someone is wrongfully arrested, it hurts that person and also makes people trust the police and courts less. NYC immigration lawyer Robert Tsigler says that wrongful arrest often leads to deportation and it is crucial for non-US citizens to find an attorney who can represent them effectively in court.

If you or a loved one has been unjustly arrested, keep reading this post. We will provide you information about the most common types of wrongful arrest cases and how an attorney can help you: 

Mistaken Identity

If your name was mistakenly used to arrest you, you should tell the cops right away that you are not guilty. Stay calm and strong as you tell them that you are not the person they are looking for. Back up your claim with any relevant alibis or proof.

You should be asked to give your fingerprints or some other proof that you are not the suspect. Stress how important it is to do a full study so that the wrong person doesn’t get stuck in jail. Do not sign anything or say anything without a lawyer being there. Kindly ask for a lawyer instead.

Remember that mistakes that cause people to be arrested for the wrong reason can be fixed when you know what to do.

Racial Profiling

Racial profiling takes place when law enforcement arrests people primarily based on their race, ethnicity, or nationality instead of on behavior or evidence of unlawful hobby. This discriminatory exercise can cause wrongful arrests, as individuals are detained completely due to their racial history, without any legitimate purpose.

Being subjected to racial profiling can have extreme results, including the violation of civil rights, emotional distress, and damage to one’s reputation. It perpetuates systemic racism and erodes consideration between law enforcement and the groups they serve. Racial profiling damages the credibility of the legal system as a whole.

Criminal defense attorney Paul Figueroa says to combat racial profiling, law enforcement needs to set up clear rules prohibiting discriminatory practices. Holding people who interact in racial profiling accountable means advocating for equality for all individuals.

Malicious Prosecution

In this kind of false arrest case, someone starts a criminal case against you on purpose and with bad intentions, even though they know there’s no good reason for the charges. It’s not just being arrested for no reason; it includes the whole legal process, like going to court, paying lawyers’ fees, and the emotional toll it takes on you and your image.

A good lawyer can walk you through the steps you need to take to show that the other person meant to hurt you and help you get justice and money for your injuries. Being persecuted unfairly is a major violation of your rights, and you should be able to fight back against actions that are so unfair that they can affect your life for a long time.

Lack of Probable Cause

When cops arrest someone without enough proof or a good reason to think that person did something wrong, they do not have probable cause. This is known as wrongful arrest. The Fourth Amendment of the U.S. Constitution says that people can’t be searched or arrested without a good reason. It is against the law for there to be no good reason to believe this happened.

The cops had no good reason to think that the person they caught had done something wrong. This is called “lack of probable cause.” This could happen if police officers move without strong evidence because of their gut feelings, false information, or their own personal preferences.

If you were wrongfully arrested because there wasn’t enough proof, you might be able to get money to make up for things like lost freedom, mental pain, and damage to your reputation. 

Retaliation by Law Enforcement

People who express concerns or complaints about the acts of law enforcement may be punished. This kind of retaliation can come in many forms, such as arrests that aren’t necessary, harassment, or more spying. Law enforcement officers who do wrong or abuse their power might hurt you if you speak out against it.

As a way to stop you from speaking out, police officers may threaten you or wrongly accuse you of something. This kind of revenge can be very bad, putting you in jail without a warrant and violating your rights.

Write down any interactions you have with police, collect proof, and tell the right people about any actions taken in response to your complaints. You shouldn’t have to worry about getting hurt if you speak out against wrongdoing.

Conclusion

If you have been wrongfully arrested, it can be a confusing and stressful experience. Wrongful arrest cases weaken the trust between law enforcement and the community. You have rights and options to fight against injustice. Don’t hesitate to reach out for support and guidance in pursuing justice for your wrongful arrest case.