No one ever expects to be wrongfully arrested. The thought of being handcuffed and accused of something you didn’t do is a nightmare.
Unfortunately, unlawful arrests happen more often than most of us realize. In an instant, you can find yourself caught up in a whirlwind of accusations, handcuffs, and legal jargon – all while struggling to make sense of what just happened.
So, what do you do when you find yourself wrongfully arrested in Southern Ontario?
When facing an unlawful arrest, it’s not just about what happens at the moment of arrest but what follows. Knowing your rights and having someone to defend them is crucial. That’s where a criminal defence lawyer in Mississauga can step in, ensuring that you don’t fall victim to overreach by law enforcement or procedural mistakes.
Keep reading to understand how you can protect yourself and how the right legal representation can make all the difference in these situations.
What Is an Unlawful Arrest?
An unlawful arrest occurs when law enforcement detains or arrests someone without having the proper legal grounds to do so. In other words, if you’re taken into custody without following the correct legal procedures, it can be classified as an unlawful arrest. This may happen because of errors, overzealous policing, or even intentional misconduct.
Regardless of the reasons, the consequences can be serious – especially if you don’t know your rights.
Here are some common situations that may fall under unlawful arrest:
- The police arrest you without a warrant when one is required.
- You have been detained without being told why or without being given the opportunity to contact a lawyer.
- Officers have used excessive force during the arrest.
- Your rights during the arrest process, such as the right to remain silent, are ignored or violated.
How a Criminal Defence Lawyer in Mississauga Can Help You in Wrongful Arrest Cases
Facing an unlawful arrest can feel like a losing battle. But a skilled criminal defence lawyer in Mississauga knows exactly what steps to take to protect your rights and ensure justice. Here’s how they can make a difference:
1. Examining the Validity of the Arrest
Your lawyer will look into the circumstances surrounding your arrest to see if it was legally justified. Were the police within their rights to arrest you? Did they follow all required procedures? By digging into these details, a criminal defence lawyer in Mississauga can identify if your arrest was unlawful and how to challenge it.
2. Ensuring Your Rights Were Respected
In Canada, the Charter of Rights and Freedoms grants every citizen specific protections during the arrest process. If these rights were violated – for example, if you were not informed of the reason for your arrest or denied access to legal representation – your lawyer can build a defence around those violations.
3. Filing a Motion to Exclude Evidence
If your arrest was unlawful, any evidence collected during or after that arrest may also be considered inadmissible in court. A Mississauga criminal defence lawyer can file a motion to exclude this evidence, which could significantly weaken the prosecution’s case against you.
4. Challenging Police Misconduct
Police officers have a duty to act within the law. If they overstep their authority through excessive force, racial profiling, or coercive interrogation techniques, for instance, a defence lawyer can bring these issues to light. By highlighting police misconduct, they can protect you but also hold law enforcement accountable.
5. Negotiating with Prosecutors
Even in cases where an unlawful arrest might not completely dismiss your charges, your lawyer can use the unlawful nature of the arrest as leverage during negotiations with the prosecution. They may push for a reduction in charges, a more lenient sentence, or even a complete dismissal of the case.
6. Representing You in Court
If your case goes to trial, having an experienced lawyer by your side is critical. They will present a compelling argument for why the arrest was unlawful, bringing in evidence, witnesses, or expert testimony to support your case. A strong courtroom defence can be the difference between a conviction and walking away with your freedom intact.
7. Providing Ongoing Support and Guidance
An unlawful arrest can be incredibly stressful. A good lawyer doesn’t just focus on the legal strategy; they also provide guidance, answer your questions and offer emotional support as you navigate the legal system.
Unlawful arrests can be life-altering, but with the help of a criminal defence lawyer, you can stand up for your rights and fight back. If you find yourself in this difficult situation in Mississauga, having a criminal defence lawyer by your side can make all the difference. A lawyer will ensure that your arrest is thoroughly scrutinized and that any violations of your rights are addressed in court. At Saini Law, a reputable criminal law firm in Brampton serving clients in the GTA, we specialize in cases like these. If you’ve been wrongfully arrested, we’re here to help you through every step of the process.