- Unlawful arrest is when a police officer exceeds his/her authority or when a person’s freedom of movement is unjustifiably restricted by an officer of the law. We assist clients who have been in a position where a police officer acted in an unfair and unconstitutional manner. A civil claim can be laid against the police to get justice and claim compensation for damages.
- Keep detailed records of the arrest, including the date, time, location, and circumstances surrounding the event. Gather any relevant evidence such as witness statements, photos, or videos. Familiarize yourself with your rights regarding unlawful arrest and detention. In many jurisdictions, individuals have the right to claim compensation for wrongful or unlawful arrest.
What are your rights when arrested?
You have constitutional rights, whether you are guilty or not:
- You have the right to remain silent
- The arresting officer must inform you of your rights
- You cannot be coerced into making a confession
- You have the right to contact a bail lawyer and to start bail proceedings
- The police have 48 hours (or until the end of the first working day after the weekend) to bring the matter to court
- You have to be charged or told why you’re still being detained or released at the first court appearance
- You have to be released if this is in the interests of justice, subject to conditions (usually bail)
When you are arrested and taken to the police station, you will be given the opportunity to make a phone call. You should use your one phone call to call MJ Attorneys or someone who will contact us for you.
- It’s important to note that the process for claiming compensation for unlawful arrest can vary depending on local laws and procedures. Therefore, having a knowledgeable legal advocate on your side is crucial to navigate the complexities of such claims effectively.