What to Do If Your Rights Were Violated During Arrest
Guest Post from Anica Oaks
Getting arrested is a blur of events, and many people don’t realize that their rights are violated until much later on, often when it’s too late. If you were recently arrested and believe that your rights were violated, then you need to come up with a plan with your lawyer for creating a strong case about how you were mistreated.
Begin Collecting Information
The very first thing that you need to do if you feel as if your rights have been violated is to collect as much information as possible regarding the situation. In addition to writing down your own experience, you should also try to get the names and badge numbers of any officers that were involved. If there were witnesses, then their contact information should be collected as well. Find out if the officers were wearing body cameras, if there is surveillance footage from where you were arrested, or if any bystanders caught your arrest on video. Most rights violations will have to do with what you were told to say or what information may have been coerced out of you, but sometimes your physical rights are violated. If so, video footage will be helpful.
Don’t Try to Talk Your Way Out of Anything
One of the most common mistakes that people make when they are being arrested or questioned by law enforcement officers is trying to talk their way out of the charges. Even if you are completely innocent and the charges have been made up, talking with the officers is only going to hurt you in the long run. After you have given them your name, you have the right to remain silent until an attorney is present. Even if the officers don’t tell you that you can remain silent, which they should, you do still have that right.
Ask to Speak with an Attorney
As soon as you are able to do so, you must contact a team of criminal defense attorneys to explore all of your legal options. If the arresting officers or any other official that you came into contact with violated your rights, then you might be able to get the case thrown out entirely. Your legal team can help you create a solid case that puts you in the best possible position of beating the charges and bringing the officers to justice.
Stay Off of Social Media
Another mistake that many people make during a criminal case is getting on social media. Any information that you post on a social media platform could be used against you later on. You will also need to be wary of what information you tell your family and friends. If they are ever called to the stand or asked to give a statement, then your own words could be used against you.
These types of situations can be incredibly stressful, but it is important to remember that the law is on your side. You have quite a few rights that should protect you when you are being arrested, and those who violate those rights must be held accountable for their actions.
Anica Oaks is a freelance writer who hails from San Francisco. When she’s not writing, she’s enjoying her time outside with her dogs. Anica recommends criminal defense attorneys for your legal needs. Keep up with her on Twitter @anicaoaks.