When someone is arrested, the results could be devastating. It is particularly upsetting if the person gets detained for a crime they did not commit.
If you were detained and feel like your civil rights have been violated, you could enlist a knowledgeable attorney to help get your charges dropped. A Madison County wrongful arrest lawyer could build a defense and gather evidence to prove that you were not fairly apprehended.
What Is a Wrongful Arrest?
A wrongful or false arrest is one that an officer makes without probable cause. Probable cause is a standard that prohibits the police from apprehending someone based on suspicion alone. Although officers do not need concrete evidence to arrest a suspect, they must have some indicator that the arrestee could be guilty of the alleged crime.
An example of a wrongful seizure is if an officer pulls someone over and detains them for stealing a car because they fit the physical profile of the suspect, even if their vehicle is not stolen. However, if the police pulls someone over and apprehends them because they are driving a stolen car, that not wrong. Although the officers have no proof that the driver stole the vehicle, they know that a specific type of car is stolen and therefore have probable cause to halt the driver and investigate. A wrongful detention lawyer in Madison County could aid someone in determining if their detention was wrong.
Civil Rights in Madison County
The law requires police officers to treat all people fairly and without bias. Any officer who violates this requirement could be found guilty of a criminal offense. The following are some common examples of misconduct that could have severe repercussions for officers:
- Use of excessive force
- Discrimination based on age, gender, race, sexual orientation, religion, et cetera
- Evidence tampering
- Coercion of a suspect to confess
- Search and seizure without probable cause
An attorney skilled in wrongful detention cases could discuss the best options for those falsely arrested.
When to Seek Legal Counsel if Wrongly Apprehended
It is vital for arrestees to find a false detention attorney in Madison County as soon as possible after being charged with a crime. Not only could a legal representative work to build a defense for them, but they could also ensure that the accused gets treated fairly throughout the process in accordance with the Constitution of the State of Illinois, Article I.
In some false seizure cases, attorneys could get the accused’s charges dropped because of police misconduct or negligence when making the detention. If an officer does not follow proper protocol, the case could become nullified and dismissed altogether.
Making a False Arrest Claim
Individuals who feel they got detained wrongly have two years from the date of arrest to file a civil rights case with the federal court. If filing a claim with state courts, the statute of limitations is only one year.
Taking a plea deal for charges could ruin someone’s ability to successfully bring a false seizure case because these deals often involve some degree of guilt admission. Although it could be tempting, an arrestee should not be too eager to accept a plea deal and should never do so without their lawyer’s permission. A knowledgeable wrongful seizure attorney in Madison County could aid someone in determining what their best options are.
Call a Wrongful Arrest Attorney in Madison County Today
Getting apprehended is not an indicator of guilt, and a Madison County wrongful arrest lawyer could fight for your rights and ideally help you win your freedom. If you are facing charges for a crime you did not commit, contact our firm to set up a consultation. We will meet with you and discuss which legal options best suite your case.