Greenwich Unlawful Arrest Lawyer
An unlawful arrest in Greenwich is an arrest for which there was not probable cause. To be lawful, an arrest must be executed when there is probable cause to believe that a person has committed a crime, and if the officer did not have probable cause, then the arrest would be considered unlawful, particularly if the officer knew or should have known that there was no reason for the arrest.
An arrest can also be unlawful in the sense that the officer did not use the proper procedure in executing the arrest. If you have been unlawfully arrested and are seeking legal representation, it is crucial that you consult with a Greenwich unlawful arrest lawyer as soon as possible to properly combat the charge.
Establishing Probable Cause
Unlawful arrests do not happen very often in Greenwich. Probable cause for arrest is set at a relatively low threshold, so more often than not, an officer can at least provide enough information to support a finding of probable cause. However, that does not mean that the person is guilty.
Probable cause essentially means that there is any evidence that if believed, and assuming that it is credited, could amount to the essential elements of a crime. An unlawful arrest lawyer in Greenwich can assist an individual if they have been arrested unlawfully.
Classifying an Unlawful Arrest
If the person knows at the moment of arrest that they could not have possibly committed the acts that they are being accused of, then they have good reason to believe that the arrest is unlawful.
The problem is that under those circumstances, a lot of times, it is that the officers are mistaken and for some reason they have identified the person that is being subjected to the unlawful arrest as opposed to the person that should rightfully be arrested. In these instances, an unlawful arrest attorney in Greenwich can assist in dismissing the accused charge.
In many cases, the officer is not doing anything knowingly or maliciously, however, sometimes the officer can be particularly antagonistic toward the person being arrested, implying that they know that the person has not committed a crime, or is arresting them because the officer suspects that the person has done something else wrong and they are being arrested to make up for that.
That does not happen very often, but it is always plausible. An experienced unlawful arrest lawyer in Greenwich can help build an effective defense for an individual in this situation.
Benefits of a Lawyer
A Greenwich unlawful arrest lawyer can help an individual in this situation by gathering evidence and supporting the client’s version of events. An attorney will also know all the legal nuances necessary to help properly combat the charge. Most often in these situations, an officer may be misinterpreting the law that they have charged the individual with, or there is a reason that is present in the law that in this instance is excluded from being a criminal violation that a lawyer may be able to acknowledge and present to the judge.
A Greenwich unlawful arrest lawyer can let the judge know that this appears to be outside of the bounds of that particular law and properly defend their client.
Those decisions set forth the parameters of how far the law can go to prohibit or create criminal liability for a set of conduct. An unlawful arrest attorney in Greenwich would be in the best position to not only know what those parameters are, but also research them to figure out what they are to make the best argument to the judge as to why this set of circumstances falls outside of the laws, and therefore the charges should not stand.