Common Mistakes Law Enforcement Make During the Arrest Process

  • By:David Bate

Criminal Defense Lawyer

Even law enforcement stand to make mistakes sometimes. When this occurs, it could have a significant impact on criminal proceedings to follow. You may not have the ability to identify areas where this may have occurred. However, a criminal lawyer has the ability to provide you the support you need in protecting your rights by carefully examining your case. Criminal law is full of intricacies, making it imperative to work with an attorney when facing criminal charges. Not only can legal representation help to protect your interests, it may have a significant impact on the outcome of your case. Here are common mistakes law enforcement make that could impact your criminal charges:

Mistake #1 Not Reading Your Miranda Rights

You’ve probably heard the Miranda Rights read while watching a crime show and have some sense of what they are. However, what many may not realize is that law enforcement is required to read the Miranda Rights to you when making an arrest. Should an officer fail to read your rights to you and then ask you questions, criminal proceedings could greatly be impacted. By not reading your Miranda Rights, any questions you answered may be inadmissible in the courtroom.

Mistake #2 No Probable Cause

An arrest should not occur if there is no probable cause. Although an officer may be suspicious that someone may have committed a crime, they cannot stop you, question you or make an arrest without probable cause. Should an officer take action without probable cause, all charges against you could be thrown out in court.

Mistake #3 Police Misconduct

Sometimes, officers behave in ways they shouldn’t, this is especially the case if they have entirely disregarding your rights during the arrest process. It’s important to bear in mind that law enforcement must adhere to stringent policies and procedures. Examples of police misconduct can include:

  • The use of excessive force
  • Illegal Searches
  • Racial Profiling
  • Sexual Assault

If you believe the arresting officer has engaged in misconduct, we will work with you to gather evidence. In some cases, misconduct during an arrest could potentially benefit your case.  

Mistake #4 Law Enforcement Testimony

In some cases, law enforcement may be subpoenaed to testify in court. Despite this, it’s not uncommon for law enforcement to arrive to the courtroom unprepared to testify. Law enforcement officers manage a lot of cases, often making a number of arrests. A savvy criminal defense attorney may be able to help work this to your advantage in the courtroom.

Have you been charged with a crime? Mistakes made by law enforcement may have an impact on your case. However, identifying that some type of injustice has occurred will take a criminal defense attorney to examine the details to your arrest. If you have pending criminal charges, it’s probably a good idea to contact a reckless driving lawyer Fairfax, VA today to represent you in your criminal case by reviewing your situation and ensuring that your rights are protected.

Thanks to Dave Albo – Attorney for their insight into criminal law and mistakes made by police officers.

Posted in: Criminal Defence