What Happens if I Am Arrested Illegally?
If you are arrested and retain a Syracuse criminal lawyer, he or she may want to investigate whether circumstances justifying your arrest were present when you were taken into custody.
For an arrest to be legal, the police must have probable cause. Probable cause means the police have a reasonable belief that you committed a crime. Whether probable cause exists in a particular case is determined by the specific facts leading to the arrest.
Consequences of an Arrest in the Absence of Probable Cause
If police arrest you without first establishing probable cause, they will have an opportunity to make the arrest legal by finding probable cause before your first appearance in court. If police can convince a judge that probable cause developed after your arrest, there probably will not be any consequences for the initial lack of probable cause.
If a judge determines there was no probable cause for your arrest, however, there are significant consequences. First, you must immediately be released from custody. Second, any physical evidence the police collected as a result of your illegal arrest and any statements you made following the illegal arrest must be suppressed. In other words, your Syracuse criminal lawyer will make sure that those physical items and statements cannot be used against you in a criminal proceeding.
Procedures After You Are Arrested
If you are arrested illegally, you will not be released from custody until a judge formally decides your arrest was illegal. This means you will probably go through the booking process and spend a period of days, or more, in custody before your release.
Usually, individuals are first taken to a local police station after an arrest. From there, they may be taken to a county jail and/or central booking facility before appearing in court. During the time before your hearing, you will probably have limited access to telephones and may not be granted much, if any, opportunity to speak with your family.
If you are represented by a Syracuse criminal lawyer, he will probably try to collect information regarding the nature of the charges against you, where you are being held, when your initial court appearance is scheduled, and whether bail is possible. He will attempt to arrange a consultation with you right away. If the facts surrounding your arrest indicate a possibility that it was illegal, your Syracuse criminal lawyer will initiate steps to secure your release from custody.
Let Us Help
Police are required to honor your rights when they arrest you. If you are arrested without probable cause, you cannot be held in custody. For a free consultation with a Syracuse criminal lawyer, please call Steve Buitron at (315) 422-1080.