How can you beat an unlawful arrest charge?
How can you beat an unlawful arrest charge? Tim Cella Former Paralegal at Ascent Law (2018–2021) 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 w...