If you’ve been wrongfully arrested, there are a few steps to take to make sure you are able to drop the charges and keep your record clean for the future. As your criminal defense lawyers serving San Antonio, TX, we want to make sure you know if you’ve been wrongfully arrested and what to do next.
What Defines A Wrongful Arrest?
If you are arrested without probable cause, you can sue for a violation of your constitutional rights under the Fourth Amendment. This amendment guarantees all persons the right to be free from unreasonable search and seizure, including an arrest.
Can You Resist Arrest?
If you feel that you are being wrongfully arrested, you have the right to resist by telling the officer you think the arrest is wrongful. Once the statement is made, the officer has to demand that you present evidence to make the arrest considered wrongful. If the evidence is valid, the officer cannot arrest you, but if there is no evidence, then you must cooperate with the police. Sometimes you cannot present evidence to prove your innocence at the time of the arrest and you may still feel it’s wrongful. After the arrest, you can file a claim with the help of a lawyer.
Should You Sue?
One option after being wrongfully arrested is to sue for monetary damages. With the help of a professional lawyer, you can seek money from your arrest and you have the ability to sue the individual officer. If you want injunctive relief, you can pursue a claim against the state or state agency. Other reasons to sue can be due to lost wages, damage to reputation, embarrassment, and more.
Did you know that wrongful arrests happen regularly in the United States? Make sure you contact our criminal defense lawyers serving San Antonio, TX if you find yourself in this situation. We will make sure you get the justice you deserve.