Prosecutors and law enforcement officers must enforce the law and protect the public by punishing lawbreakers. Many police officers follow the rules to the letter. Unfortunately, not all police officers and prosecutors perform their duties perfectly. They make mistakes. Sometimes the errors are intentional and may lead to false arrests and detentions.
Therefore, what should you do when your loved one or family member faces a false arrest and detention in Nevada? There is no perfect answer to your question. However, you want to seek the services of a skilled and experienced criminal defense attorney. The attorney understands your case and will help you determine the next step immediately if your loved one is falsely arrested or detained.
Understand the Ground for the Arrest
When seeking to help your loved one who you believe was wrongly arrested, it is imperative to understand the legal meaning of an arrest in Nevada. According to the law, an arrest involves taking someone to a detention center after they commit a crime. The arrest should take place in an authorized manner. The law also allows an arrest by either a private person or law enforcement officers.
Usually, law enforcement officers must have probable cause before making an arrest. Remember, an arrest may occur through an arrest warrant. Arrest and detention can imply two different things. Law enforcement officers may temporarily arrest you when they suspect you are a criminal. After understanding the legal meaning of an arrest, you will know whether the arrest is legal or unlawful.
Consult Your Attorney
The first thing you want to do is speak to your lawyer and request bail. If you do not have a reliable lawyer, try to visit a law firm comprised of experienced lawyers handling false arrests. After contacting the attorney, they will ensure your loved one is not harmed or harassed by law enforcement officers. The attorney will try to bring your family member out of the detention facility by posting bail quickly. Also, the lawyer will guide you on the next step to take.
Remain Calm
A false arrest and detention can be one of the most frustrating events in your life. Although law enforcement officers perform key duties in our country, they still make mistakes during an arrest. Therefore, when your family member faces a false arrest and detention, the best thing to do is not resist, obstruct, or run. When asked about your loved ones, do not provide false documents.
Make sure you remain silent. Do not attempt to defend your loved one. Defending your family member could worsen your situation. Remember, those law enforcement officers may also arrest you. As a result, make sure you document the event. Write everything you know about the arrest and where it occurred. Stand at a considerable distance and record the arrest process using your mobile phone. Do not be afraid as you record the event.
Lastly, ensure you gather additional details like the arresting officers' names, badge numbers, and vehicle numbers. This information might be critical in the future to prove the arrest was illegal. For example, the I formation could show how the arresting officer applied excessive force.
Have a Thorough Case Evaluation
A thorough case evaluation could be essential to clearing the alleged charges against your loved one. The legal process involves proving your loved one's innocence, confirming the arrest was intentional, and proving the arrest process was geared to trap your family member. Speak with your attorney to help you know possible ways to defend your loved one.
Case evaluation may last for weeks or even months. Establishing a victim's innocence is not easy. Therefore, you want to cooperate with your attorney and gather essential points to help support the victim's innocence. After doing so, the arresting officer will release the victim.
Endorse Your Rights
It is essential to endorse your rights when defending your loved one who is a false detention and arrest victim. Your responsibilities include hiring an attorney for your loved one, posting bail, and being notified of court proceedings. It is your right to search for the arresting officer and ask for a copy of the police report. You can file a false arrest and detention complaint with the police report.
You also have the right to visit your loved one after the false arrest during the permitted hours. When you visit the victim, you can share the details of their arrest with them. You can rely on them to collect enough evidence to fight the charge.
Understand the Fourth Amendment
The Constitution of the United States has important clauses under the Fourth Amendment. The law ensures every citizen is protected regardless of ethnicity, race, or gender. The law treats everyone equally. Therefore, when you suspect your loved one is a false arrest and detention victim, you want to learn more about the essential clauses under the Fourth Amendment. When you do so, you will understand your rights.
The fourth amendment outlines unwanted arrests, false arrests, and applying brutality against the wrong person. The law prohibits any mistreatment of any person because of their race, disability, or birth. Ensure you work closely with an influential attorney. An influential and experienced attorney will help you learn more about your rights and help you defend the rights of your loved one. Also, the attorney will do everything possible to show the arrest was planned or that the charges were a way of taking revenge.
Contact Bondsman Near Me
Facing a false arrest in Nevada can be overwhelming. An arrest can have adverse effects like extensive jail terms and heavy fines. So, you want to seek legal help immediately. Working with an experienced and determined bondsman is the best option.
At Express Bail Bonds, we are here for you. We have bilingual staff to ensure we can cater to the language barrier. We understand that our communication with our clients is essential to handling their cases. So if your loved one has been arrested, please ensure you contact us for bail bonds. Contact us today at 702-633-2245 and speak with our determined attorneys.