Being arrested can be humiliating and harm your reputation. It doesn’t even matter if you’re innocent or guilty of the crime of which you’re accused – if friends, family, neighbors, or co-workers find out about your arrest, the damage is already done. Even if authorities got the wrong person, it can take a lot of time and a lot of headaches to get your name, community standing, and job back.

If this unfortunate and frustrating event happens to you, don’t panic. Our Knoxville criminal defense attorneys can help. Today we want to talk about exactly what a false arrest entails, and how and why it happens. Finally, we’ll let you know what a skilled lawyer can do to minimize any collateral damage that might come with your arrest.

What is considered a false arrest?

Per NOLO:

False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority.

For purposes of this blog, what we’re talking about today is being arrested by a police officer or other authority when, basically, “they got the wrong guy” and had no reason to arrest you in the first place. And, with the Innocence Project reporting that up to six percent of all incarcerated people in the US are actually innocent, we should be taking a good, hard look at false arrests.

Examples of false and wrongful arrest

Some ways innocent people find themselves under wrongful arrest include:

• Arrest without a warrant. Police can’t arrest you without a warrant or probable cause that a crime has occurred or is occurring.
• Warrants obtained with fabricated information. You may end up under false arrest if authorities were given the wrong name or address, if someone made a clerical error, or if you share the same name as the actual person they’re searching for.
• Malicious actions. In some cases, an officer may make a wrongful arrest against a civilian for personal or vengeful purposes.
• Planted evidence. Planting evidence is illegal yet some dishonest police officers continue this behavior, often when they don’t have or don’t want to obtain a legal search warrant.
• Fabricated statements. Often in false arrest cases, it’s the officer’s word against the defendant’s. If a corrupt officer exaggerates or even lies about the circumstances of the crime, any innocent person can fall into their trap.

Law enforcement, as the name implies, must enforce our laws – it’s their job. However, police officers can and do overstep their bounds at times, and when they do, our Knoxville attorneys can help defend your rights.

Depending on the circumstances, it certainly can be. Under the Fourth Amendment of the Constitution, we’re protected from unreasonable searches and seizures by the government. This prevents abuse of power by the police, like arresting you without a warrant or probable cause to believe you’ve committed a crime. Here’s an example:

• Can a cop arrest you on the spot for vandalism if they see you at the scene with spray paint cans in your hands and you’re covered in fresh paint that matches the graffiti? Yes.
• Can that same cop arrest you for vandalism because they noticed you two blocks from the scene with an old splotch of paint on your jacket? Absolutely not.

In that second case, the arresting officer has no probable cause to arrest you. They might ask you some questions. They might ask if they can come and search your home or vehicle – by the way, the answer to this is no, not without a search warrant. This is your Fourth Amendment right.

If you’re falsely arrested, you need a Knoxville attorney

If you’re facing charges stemming from a wrongful arrest, get legal help now. The stakes are high and, depending on the crime of which you’re accused, you could be facing financial penalties or even jail time. As soon as you get in touch with our criminal defense lawyers, we start on your case.

We gather all evidence possible demonstrating that police did not have the authority to arrest you, and work to have charges dropped and cleared from your record, if necessary. We negotiate with prosecutors and defend your case, throwing illegally-secured evidence out of court, confirming your alibi, and otherwise proving you were falsely arrested.

Our Knoxville criminal defense lawyers can also help if you were falsely or wrongly detained by police or security at a shopping center, concert, or sports venue.

Do you believe you were wrongly arrested? Get an experienced Knoxville attorney on your side. At Banks & Jones, we fight for your Constitutional rights. We can walk you through the criminal justice process with confidence, and you can rest assured we’re working in your best interests the entire time. Get in touch with us as soon as possible so we can start working on your defense today. Call our offices or fill out our contact form today.