You are arrested, and while being transported to legal custody, you replay the events leading up to your arrest. You start thinking: “How did I end up here, or was my arrest wrong?” While some legalities can be extremely tricky and hotly debated, unlawful arrests occur in Orange County. A bail bondsman in Orange Countycan help you get out of jail; however, before you reach out to your bail bond agent or attorney, it’s always better to comprehend the differences between lawful and unlawful arrests.
What is a Lawful Arrest?
There can be several reasons behind arrests, but one of the main factors for lawful arrest is “probable cause”. According to the Fourth Amendment of the U.S. Constitution, police officers can make an arrest as long as they have probable cause. A lawful arrest through probable cause is possible when the cause is:
- Based on factual evidence, not just suspicions or hunches
- Established through observation, including familiar patterns of criminal activity
- Contingent on information from witnesses, victims, and informants or based on police expertise, such as recognizing gang signs or detecting tools for committing crimes
- Based on circumstantial evidence.
What is an unlawful arrest?
On the other hand, a false or unlawful arrest is when someone is arrested with probable cause, any legal justification, or a warrant. An unlawful arrest might include the following:
- The arrest of the wrong person or someone without any probable cause
- Arrest based on discrimination of race, religion, etc.
- Attest made without any arrest warrant or legal justification or arrest made for personal gain.
Unlawful arrests can have severe consequences, including physical harm, emotional distress, and damage to your reputation. It can also lead to unemployment, loss of housing, and other opportunities. If you feel your arrest is unlawful, it’s best to inform the arresting officer that you believe the arrest is unjust and that you are asserting your rights.
What are Your Rights during an Arrest?
During an arrest, you have the right to remain silent and the right to an attorney. You do not have to answer any questions without an attorney present, and you can refuse to consent to a search. It is important to remember that anything you say can be used against you in court, so it is best to remain silent and wait for your attorney to arrive or for your Orange County bail bondsman to post your bail.
Do you need help?
Being arrested is a traumatic experience, but it can be even more distressing when you are unlawfully arrested. If you are in jail for an unlawful arrest, contact a bail bonds service in Orange County to post bail. You also need to look for an attorney who can provide personalized attention and guidance. Also, you need to get professional legal representation and seek the aid of a licensed bail bond agent to minimize the impact of an unlawful arrest on your life.