If you believe police wrongly arrested you, stay calm, avoid physical resistance, request an attorney, and preserve evidence. False arrest cases should be challenged through your defense, not a confrontation with law enforcement officers.
What Defines a Wrongful Arrest?
A false arrest generally involves taking someone into custody without lawful authority. One issue is whether police officers had probable cause: facts supporting a reasonable belief that you committed an offense.
Being innocent or having charges dismissed doesn’t automatically make an arrest unlawful. Courts consider the information available when officers acted. Police can also make lawful warrantless arrests in certain circumstances.
Can You Resist an Unlawful Arrest?
Don’t physically resist, pull away, or run. Under Texas Penal Code §38.03, an unlawful arrest isn’t a defense to a resisting-arrest charge. Let your attorney raise legal objections rather than trying to prevent the arrest yourself.
Request an Attorney Before Answering Questions
Clearly say, “I am exercising my right to remain silent. I want an attorney.” Provide legally required identifying information, but don’t discuss the alleged offense or try to argue your innocence. You have the right to have counsel present during police interviews.
Contact a wrongful arrest attorney who handles criminal defense as soon as you are able. Bring your arrest paperwork, bond conditions, and court notices to the consultation.
Preserve Evidence After the Arrest
As soon as you can, write down the timeline, location, officers’ statements, and names of witnesses. Save relevant messages, receipts, photos, and location records without altering or deleting anything.
Tell your attorney about nearby security cameras so the defense team can track down recordings. Avoid posting about the arrest online, and follow all court orders while your case remains pending.
Can an Attorney Challenge the Arrest?
Your lawyer can review the warrant, police reports, recordings, and reasons officers gave for placing you under arrest. Depending on the facts, counsel may ask the court to exclude unlawfully obtained evidence. Exceptions apply, and an unlawful arrest doesn’t automatically dismiss the charges.
A dismissal also doesn’t automatically erase your arrest record. Ask about expunction eligibility and any separate steps required.
Speak With a San Antonio Criminal Defense Attorney
When comparing wrongful arrest lawyers, ask about their experience challenging arrests in criminal court.
The Law Office of Jesse Hernandez focuses on criminal defense in San Antonio. Our team can investigate the allegations, review evidence, and explain your options. Contact our office for a free case evaluation to discuss the arrest and any charges you’re facing.
