Was My Arrest Lawful?

If you were arrested in Brevard County, you may wonder whether the police arrested you in a lawful manner. Regardless of the reasons, being put under arrest and taken into custody creates a difficult and stressful situation. After your arrest, you may have concerns about how the police took you into custody and whether they did something wrong throughout the process. It is often best to discuss the details of your arrest with an experienced Brevard County defense attorney.

The Arrest Process

Generally speaking, the police must have a reason to place you under arrest. You need to understand that there is a difference between being detained and being arrested. When the police are still investigating an incident, they may detain someone in handcuffs. This is a standard procedure that police use to control people during a volatile situation. During this period of detainment, the police do not have to read you your rights and will likely not answer your questions.

The police use detainment to control a scene. This is known as the Stop and Frisk law. They can only detain you for a short period of time. Once the police get the situation under control, they may place you under formal arrest. When this occurs, the police must read you your Miranda rights. These are the rights that you have to remain silent, and obtain an attorney before you speak to police. You may think that if the police did not read you your rights, you can get out of the arrest, however, that is not true.

What if I Was Not Read My Rights?

The police must read you your rights. However, if they do not, it does not mean that the entire case will be thrown out. It is important to realize that the purpose of reading your rights is to gain permission to ask you questions about the alleged crime. If the police do not question you, the rights do not really matter. However, if the police asked you questions and you answered, these details will likely be able to be withheld from the case when it proceeds. Your attorney will file a motion to suppress or eliminate any information that was obtained during an illegal portion of the arrest.

An arrest may be unlawful if the police arrested you without probable cause and without a warrant. There are some exceptions to the rules, so it is essential to have your attorney review the details of your arrest. Other evidence may also be kept out of the case if it was obtained unlawfully. For example, if the police went into your home without a search warrant and found drugs, the drugs may not be used as evidence in the case. Depending on the circumstances, the state may not have enough evidence to proceed with the case and therefore, they may agree to reduce or even drop some of the charges.

The bottom line is that most often, minor mistakes the police make during an arrest or search will not have much impact on your case. You should always speak to a knowledgeable attorney to review the details of your arrest and determine the best way to proceed. Contact our legal team at Henderson Legal Group to discuss your situation.


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