Were you wrongfully arrested?

On behalf of Ortega Law Firm on Thursday, March 21, 2019.

Getting arrested is frustrating and embarrassing enough when it is justified. But facing a wrongful arrest and unjust charges can fill an innocent defendant with anger and hopelessness, especially if they do not know how to defend their legal rights in Arizona. Whether an arrest is wrongful or justified, every person charged with a crime should build a defense and fight the charges, to avoid unfair punishment if nothing else.

Feeling angry and trapped after a wrongful arrest is normal, but it is wise to focus this frustration on fighting the charges with the legal tools you have available. With some hard work and careful review of the evidence against you and the circumstances that led to your arrest, you may find that you have more defensive options than you expected.

Violations of your constitutional rights

Suing for wrongful arrest is rarely an easy fight to win, but you should not let your freedom suffer if you are innocent. Typically, fighting unjust charges depends on one of two strategies — demonstrating that the arrest violates your constitutional rights and/or demonstrating that the evidence against you does not sufficiently prove your guilt.

Sometimes, you may even face unjust prosecution that piles on overblown charges without good evidence to back up the allegations. Unfortunately, prosecutors almost always seek strong sentencing as a normal part of their job. That does not necessarily mean that your prosecutor acted maliciously.

If you believe that your prosecutor knows that the charges against you violate your rights or are baseless, then you may have grounds to sue for malicious prosecution. This usually requires demonstrating that the prosecution knew that the charges were unfounded and chose to prosecute you anyway.

Fighting wrongful imprisonment

If your circumstances go from bad to worse, you may find yourself unjustly behind bars. This does not mean you are out of options. You may have grounds to challenge your conviction or allegations by challenging the evidence or reasoning used to imprison you.

The difficult news is that none of these lawsuits are easy to win, particularly because police and prosecutors enjoy certain immunities against criminal prosecution as a part of their job. However, no party is above the law entirely, and the public sentiment has recently swung significantly toward the side of the accused. Barely a month goes by without the news discussing another case of police brutality, wrongful arrest or unjust sentencing.

When you choose to fight for your own rights, you are also fighting for the preservation of the rights of thousands of others who do not have the resources or the courage to stand up to abusive authority and demand justice. Make sure to use all the resources and guidance that you need to keep your rights secure and push for greater justice for all.