How can you beat an unlawful arrest charge?
I’ve seen a few criminal cases over the years. First of all, there must have been probable cause if you were arrested. So there is a reason. What are those reasons? You’ve got to figure that out so you can defeat the elements of the crime charged.
You’ve got to be able to demonstrate that the arrest was not based on probable cause or was otherwise unlawful. The defendant must also be able to show that the arresting officer did not have a valid search warrant or a valid reason to believe that a crime had been committed. This is 4th amendment stuff here.
In many cases, an unlawful arrest charge can be challenged by arguing that the officer had no probable cause to believe that a crime had been committed. Probable cause is a legal standard that requires the officer to have a reasonable belief that a crime had been committed and that the person arrested was the one who committed it.
Another way to challenge an unlawful arrest charge is to argue that the arresting officer violated the defendant's rights when making the arrest. For instance, the defendant can argue that the officer used excessive force or made the arrest without reading the defendant their Miranda Rights.
A third way to challenge an unlawful arrest charge is to argue that the officer did not have a valid search warrant. A valid search warrant must be based on probable cause, and must provide a clear description of the items to be searched and seized. If the warrant is not valid, then any evidence obtained as a result of the warrantless search may be inadmissible in court.
Fourth way is a defendant can challenge an unlawful arrest charge by arguing that the officer did not have a valid reason to believe that a crime had been committed. The officer must have some evidence that a crime had been committed, such as eyewitness accounts, video or audio recordings, or other evidence, in order to make a lawful arrest.
I hope that’s been helpful. If you’re in Utah and need a lawyer try calling this one:
Jeremy Eveland
17 N State Street
Lindon UT 84042
(801) 613–1472
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