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Unlawful Detention

What is "Unlawful arrest"?

Being arrested is traumatic and humiliating. If you have been arrested unlawfully, you are probably outraged as well as distressed. But it is important you handle the situation calmly.

An arrest can be made only via a warrant. If the police officer reasonably believes there are grounds to arrest someone, they can do so without a warrant, but they must be able to justify their action. In the absence of sufficient justification, the arrest is unlawful.

 

Regardless of the situation, you have rights. Remembering these two key points will stop the situation going from bad to worse:

  1. Remember – you are innocent until proven guilty. The state must prove your guilt; you don’t have to prove your innocence.

  2. Contact NJMakatuattorneys as soon as possible. You are entitled to legal representation.

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