An arrest can spiral into other legal trouble. If you are under arrest in Phoenix, you have the right to discuss your legal options with a Phoenix wrongful arrest lawyer. After an arrest, the police will take you into custody.
Alternatively, you can be detained, which offers you more options. In either case, an arrest or detainment does not mean you must answer questions. You must provide officers with your name, address, and identification.
Beyond that, you do not legally need to provide any further information. If you are wrongfully arrested, you must contact Zanes Law to speak with a wrongful arrest attorney in Phoenix.
Arrest and Detainment Laws
When an officer detains you, it means you cannot leave the scene of the crime. You can be detained at the scene if you are suspected of the crime or see anything that could help.
Suppose you are walking past a burglary crime scene with a backpack. The police on the scene can suspect you were involved and detain you. Clearly, you weren’t there and should not be under arrest or detained for a crime you did not commit.
You have rights under the law when you are under arrest. These rights are:
- Anything you say can and will be used against you
- You have the right to remain silent
- You have the right to a criminal defense lawyer
- If you cannot afford a lawyer, the state will appoint one
These core rights are referred to as your Miranda rights and are protected under the U.S. constitution. One way to get out of wrongful arrest is when an officer doesn’t read you these rights.
When you are placed under arrest without your Miranda rights, your Phoenix wrongful arrest attorney can have any statements you make suppressed. Therefore the prosecution cannot use them in a criminal case against you.
Suppression of Your Statements
While your statements are suppressed, that does not mean other evidence is. You will need a criminal defense lawyer. Also, remember that anything you say before your arrest does not fall under the Miranda rule and can still be put into evidence. While Miranda rights exist; some people will waive these rights and make statements to police to prove their innocence.
While innocent, you should not make any statements without a lawyer present.
For a free legal consultation with a wrongful arrest lawyer serving Phoenix, call 866-499-8989
What Happens After You Are Read Your Rights
You must stay quiet after your Miranda rights because law enforcement can use anything against you. Once you are read these rights, law enforcement can question you. The one caveat is if you change your mind during questioning, it must stop as soon as you ask for a lawyer.
After you request the help of a lawyer, law enforcement cannot continue to question you. However, If you continue to talk then law enforcement will assume you have waived your consent to a lawyer. Requesting a criminal defense lawyer in Phoenix and stopping answering questions is vital.
Remember, while you do not need to make statements, you will be required to provide physical evidence. Some physical evidence you may need to give is a chemical test after a potential DUI. You will also provide fingerprints and photographs after booking. If you make it to the booking phase, you will have one phone call, which must be to your wrongful arrest lawyer in Phoenix.
Phoenix Wrongful Arrest Lawyer Near Me 866-499-8989
How an Arrest Warrant Works
An arrest warrant is meant to take people into custody from their homes. However, there are exceptions to needing an arrest warrant, such as when fast action is allegedly required. Examples would be when an officer believes the person is going to escape, destroy evidence, damage property or endanger a person’s life.
When serving an arrest warrant, officers must knock and identify themselves. They must inform you that you are being placed under arrest. If you do not answer or refuse to come outside because you have done nothing wrong, they can enter the home through another door or window. Arrest warrants encompass the entire state, meaning any officer can arrest you, even without a physical copy of the warrant.
How a Phoenix Wrongful Arrest Attorney Helps Your Case
It is essential to note the police officer’s behavior during an arrest. The actions or lack of action can help build your wrongful arrest case. If you are outside your home, the officers cannot search your home or vehicle, only your person.
As soon as it is feasible, you must contact a lawyer to review your arrest and find a strategy to get you out of jail. A false arrest can change your life, and so can resisting arrest. You need the help of a wrongful arrest lawyer in Phoenix who knows how to handle these circumstances and will fight for your freedom and future.
Do not trust the police with any statements. Once you are arrested, they do not care about your innocence; they only care to lock you up for the alleged crime. Law enforcement is looking for the slightest mistake, and you should not let them misrepresent or misunderstand you.
A criminal defense lawyer has experience with these cases and knows what you should and should not say. Allow our lawyers to work for you.
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Contact a Phoenix Wrongful Arrest Lawyer
Police officers are not the only people who can arrest you. Security guards and private citizens can make a citizen’s arrest under exceptional circumstances. However, they cannot complete the arrest without taking you to a police officer.
Private citizens can face consequences when they make an arrest, and therefore many people do not try to make arrests. When they take you to a police officer, then you can go into custody and officially be under arrest.
There is the possibility that an officer uses excessive force when placing you under arrest, causing you harm. It is vital to speak with Zanes Law after an arrest to determine the best route for your wrongful arrest. Our Phoenix wrongful arrest lawyer is standing by to take your call and fight for you.