We all know the phrase “innocent until proven guilty.” While this is the case when a person is in a court of law, this is not always the case when police officers arrest an individual for a presumed crime. If probable cause does not exist and an arrest warrant has not been issued, then a police officer may not arrest an individual. However, some officers in North Carolina believe that their arresting powers are unlimited, arresting certain defendants without the necessary probable cause. When a false arrest occurs, defendants may be able to use this not only as a defense options but also as a way to recover damages.
When an individual realizes that they are a target for a false arrest, they are more prone to act against this. This could be viewed as resisting an arrest. However, this is recognized as the individual’s right to self-defense against an unlawful arrest. This defense option typically applies when the arresting officer has used more force than necessary to effect the arrest, and the resistance by the defendant was only used to the extent necessary to protect against great bodily harm.
However, it can be difficult to prove these situations, thereby dismissing the charges against them. Thus, it is important to have a strong defense team behind you. At Brannen & Walker, Attorneys at Law, our skilled legal team has handled a wide variety of false arrest and false imprisonment cases. We work tirelessly to defend our clients in the Concord area, helping them clear their names.
Our goal is to obtain a clear picture of the matter, helping us determine the best defense options available to our clients. This means investigating, collecting evidence, obtaining witness accounts and even consulting with experts. By proving that a false arrest occurred, we help our clients evade serious penalties and consequences.
To learn more, check out our law firm’s false arrest and false imprisonment website. No matter how complex the matter is, our law firm will take to time to develop a strong criminal defense strategy, helping our clients clear their names.