3 Mistakes Your Attorney Can Challenge If Made By The Law Enforcers When Arresting You For A Crime

Many criminal charges attract severe penalties for suspects who get a conviction. This underscores the importance of getting legal help if law enforcers arrest you. Once you hire a lawyer for your case, they will work to obtain evidence to prove your defense and possibly have your charges reduced. Your criminal defense lawyer can also challenge the following errors the police may have made while arresting you. This might convince the judge to throw out your case or hand down a more lenient punishment.

The Officers Did Not Read Your Rights to You

Law enforcement officers must read you your rights during your arrest. This aims to make you aware of what you should do and avoid after arrest. However, some officers do not do this, perhaps because the suspects might choose not to speak with them if they understand their rights. In the event that the police do not read you your rights during the arrest, contact a lawyer and inform them of this. Your legal representative will argue that the police violated your rights. Therefore, they will ask the court not to consider any information you shared with the police as evidence in your case. If the judge determines that the police made this mistake, they can dismiss your case for insufficient evidence.

The Officers Engaged in Misconduct During the Arrest

Your lawyer might also challenge your arrest if the officers engaged in misconduct when detaining you. For instance, they might have used excessive force while arresting you, which may have gone against your rights. The police could also have used abusive language or engaged in unprofessional behavior during or after the arrest. If any of these issues occur, your lawyer can use them to seek the dismissal of your case. Additionally, they can obtain testimony from witnesses who saw or heard your arrest to prove that misconduct occurred. This may convince the court to throw out your case.

The Officers Broke Protocol

Law enforcers must follow certain protocols when arresting criminal suspects. If this does not happen, all the evidence they gather against the defendant may be inadmissible. Therefore, if the police broke protocol while arresting you, your lawyer will challenge the use of the evidence they gathered. As a result, the judge can set you free for lack of evidence to charge you for the crime.

If the police make the mistakes above while arresting you for a crime, your defense lawyer will refer to their wrongful conduct to challenge your arrest. The attorney presents evidence to support this argument, working towards getting an acquittal for the charges brought against you.

For more information, contact a criminal defense lawyer near you.