False Arrest or Imprisonment
False Arrest/Imprisonment in the State of Maryland
One of the most traumatic experiences that can occur in a person’s life is a false arrest for a crime that was not committed. A false arrest can have a lasting negative impact on all aspects of a person’s life — including his or her personal and professional or work life.
A person who has been the victim of a false arrest in Maryland must fully understand his or her rights as well as what must be done to protect those rights following this type of illegal arrest.
What is False Arrest/Imprisonment in Maryland?
An improper arrest occurs under a number of circumstances in the State of Maryland. This type of illegal arrest occurs when a person is taken into custody without probable cause to support the arrest or when a person detains a person in a room/place without their consent and against their will.
What this means is that a law enforcement or judicial officer takes a person into custody when that law enforcement officer knows or reasonable should have known that no legitimate grounds existed for the arrest. In basic terms, what this means is that a law enforcement officer arrests someone he or she knows or should know with some due diligence is not responsible for a crime or there exists no legal basis to take the person into custody. In other words, the law enforcement officer may have failed to undertake a proper investigation before taking a person into custody.
Another instance in which an improper arrest might occur is when a Maryland judge signs an arrest warrant despite not being provided with appropriate information to support a finding of probable cause by the judge. Probable cause is the legal standard necessary to support a judge issuing an arrest warrant in the first place.
The Need for Speed in Protecting Rights
A person who believes that he or she has been subjected to an improper arrest or imprisonment, by law enforcement or by a private citizen must move with all deliberate speed to obtain appropriate legal representation. Depending on the charge lodged against a person in these circumstances, he or she might end up incarcerated.
In addition, the criminal justice system can move swiftly. An attorney is important to interject the claim of improper arrest and lack of probable cause to support the charge at the earliest possible moment in these proceedings to fully protect a wrongly accused person’s rights and interest.
Documenting the Incident
A person best protects his or her rights and interests by fully documenting in writing the circumstances surrounding a wrongful arrest as soon after it occurred as is reasonably possibly. A fact finder such a judge or jury may give considerable deference to documentation made contemporaneously with the happening of such an event.
The Aftermath of a False Arrest
In the aftermath of an illegal or wrongful arrest, a person put in this position may have the ability to take civil action against the individuals and entities that were involved in the incident. Legal representation is needed to pursue a claim and a lawsuit for wrongful arrest in the state of Maryland.
Protecting Legal Rights with Proper Legal Representation
A Maryland criminal defense attorney can offer a person invaluable assistance in dealing with the criminal side of a wrongful arrest case. The Law Offices of Robinson & Associates, an experienced criminal defense firm can assist in dealing with wrongful arrest cases. A free, no obligation in initial consultation can be scheduled today by calling 443-524-7395.