Getting accused of a crime and then arrested is the stuff of nightmares. You know you didn’t commit a crime, but if you have been arrested, it will seem like the odds are stacked against you to get yourself out of that mess. In such situations, understanding the judicial system plays a vital role in how you handle the situation and fight for your innocence.
Several factors can lead to someone being wrongly arrested. These can range from simple mistakes, such as mistaken identity, to more complicated situations involving misconduct or prejudice by law enforcement officers.
Regardless of the reason why, you need a plan to get out of it. In this article, we will go over the basis on how to handle being wrongly arrested.
1 – Know your rights
The phrase, “Whatever you say can be used against you in a court of law” is not just something out of a movie. It is really how things work. This means that no matter how innocent you are, do not try to talk your way out of the situation.
You do have the right to remain silent and you should. You can’t get into more trouble by talking. Make sure you maintain your right to silence.
As soon as possible, request to speak with an attorney. If you cannot afford one, you have the right to have a public defender appointed to your case.
Always make sure to talk to a lawyer that specializes and is skilled in criminal law such as the lawyers Pringle Law or any reputable law firm with appropriate experience before you say anything to the police. A good lawyer will help guide you through the legal process as well as help you to protect your interests.
They will tell you what your rights are and make sure that they are by your side when being interrogated. Clearly state that you wish to remain silent and want to speak to an attorney.
You have the right to an attorney so you should definitely use one. Even if you can’t afford to pay for one yourself, you have the right to representation so a court will appoint a lawyer for you.
2 – Have some evidence
If you have been wrongly arrested, gathering and preserving evidence is a crucial step in proving your innocence, even though it is the job of the courts to prove your guilt. However, if there are some facts that can be presented that help you show your innocence then this should be presented.
If there were people present when you were arrested, they might serve as key witnesses in your case. If possible, obtain their contact information or have someone do it for you. Your attorney can later reach out to them for all-important witness statements.
Appropriate evidence can include surveillance footage, witness statements, photographs, or any other relevant documentation that can help establish an alibi or discredit the prosecution’s case.
Keep a record of any conversations, interactions, or incidents that occur during the arrest and subsequent detention.
Once again, a good lawyer will soon assess and provide assistance as to what is required.
3 – Know the legal process
After your arrest, it will feel like being thrown to the wolves. It’s important to understand how things will proceed now so you don’t feel so helpless.
Work closely with your attorney and follow their advice throughout the legal proceedings. Provide them with all necessary information and cooperate fully with their defense strategy.
After an arrest, you’ll be taken before a judge for your initial appearance, also known as an arraignment. Here, the charges against you will be read, and you’ll have the opportunity to enter a plea. With your attorney’s guidance, you can plead guilty, not guilty, or no contest.
If your case goes to trial, the prosecutor must prove beyond a reasonable doubt that you committed the crime. Your defense attorney will have the chance to refute the evidence, cross-examine the prosecution’s witnesses, and present your case.
Source: Pringle Law, criminal lawyers, Edmonton