What to Do If You’re Arrested for a Crime You Didn’t Commit

Wrongful arrests violate a person’s constitutional civil rights under the Fourth and Fourteenth Amendments. These Amendments protect citizens like you from unreasonable seizures and the deprivation of your rights in the absence of due process. An estimated 2,800+ people are wrongfully convicted in the US each year. But in actuality, experts say that the number could be much higher.

A wrongful arrest/conviction doesn’t just affect the trajectory of your life. It also affects your loved ones and fractures the foundation of the lives that depend on them.

You may feel panicked if you were recently apprehended for a crime you didn’t commit. What will happen now? Will you end up in prison? Or will your innocence be proven in court?

For starters, hire an experienced criminal defense lawyer who can provide you with the representation you need to increase your chances of getting the justice you deserve. Their expertise will ultimately determine the path of your case. In the meantime, take these three essential measures:

1. Don’t Fight the Arrest

Many innocent people resist arrest because they feel anxious and nervous. They mistakenly want to prove their innocence to the officers apprehending them. But once the officer declares that you are under arrest, it’s time to comply. If you want to be proven innocent, you’ll have to do so through the legal system—not with the officers. Resisting arrest will put you in even more trouble.

If you are arrested, just comply with the officers while maintaining your right to remain silent. If you get aggressive, the officers will use even more force. In many cases, your interaction is being recorded by the officer’s body cam. Your behavior, actions, and words can be used against you in court, so stay calm and remain respectful.

Remember, if you resist arrest for a crime you didn’t commit, you may be exonerated for the original crime, but you’ll still face charges for resisting arrest.

2. You May Be Able to Sue the Officer(s) and/or Agency

Under 42 U.S.C. 1983, you can sue the officer and/or the law enforcement agency who wrongfully arrested you if you were deprived of your rights. You cannot sue for simply being arrested. You must prove that the officer(s) neglected to follow proper protocols and did not act within their legal authority. You will need ample evidence to support a civil lawsuit in order to have a case. When done right, a lawsuit can help you earn financial compensation for lost wages, reputational damage, family fragmentation, physical injury, and so on.

Recommended Read: Kevin Strickland Exonerated After 43 Years in One of the Longest Wrongful Conviction Cases in U.S. History

3. Learn About Unlawful Arrests

Many people let their lawyers do all the work, but a well-informed defendant always has a better chance of achieving the intended outcome because you can make smarter decisions. You should have at least a basic understanding about your case, the law, and the general proceedings.

Participate in your own defense by learning about unlawful arrests. Take an active interest in the case, and ask your attorney questions. Providing your input will make the exchange more productive. But most importantly, hire an attorney you can trust.

Recommended Read: Reexamining the Adnan Syed Case: Why Wasn’t Justice Served?

If you were recently arrested for a crime you didn’t commit, hire an attorney with a track record of building a strong defense. Attorney JL Carpenter should be your first call.

With an excellent track record and an eye for detail, JL fights for her clients rigorously. Her practice areas include DWI, BWI, domestic violence, family violence, and drug possession, among others.

As an experienced criminal defense lawyer, JL goes the extra mile to defend her clients in court. Schedule a consultation today. JL serves clients in Friendswood, Clear Lake, Houston, and the surrounding areas.