Navigating Legal Charges After Police Detention: Understanding When Detention Is Legal and How to Handle Dismissed Charges
When faced with the experience of illegal detention and arrest followed by the dismissal of charges, it's crucial to understand the legal landscape and the steps to take. While prosecutor's offices can dismiss charges, the police department's role in such situations is less direct. This article aims to clarify these points and provide guidance for individuals in such volatile situations.
Understanding Police Detention and Prosecution
Police detention and arrest involve probable cause, a legal standard requiring evidence that would lead a reasonable person to believe that a crime has been committed. Probable cause is essential for the police to make an arrest and detain someone.
The Role of Prosecutor's Offices
Charges are typically dismissed by the prosecutor’s office, not the police department. When a prosecutor dismisses charges, it can take one of two forms:
Grand Jury Indictment: The prosecutor may choose to take the case directly to a Grand Jury, hoping to build a stronger case with more evidence. Further Investigation: The prosecutor may decide to hold off and gather more evidence before re-filing charges, possibly with a higher bond.Regardless of the reason, the dismissal of charges indicates that the evidence or legal grounds for prosecution were not sufficient.
A Real Case Scenario
Let's consider a real-life case where I was once arrested for 18 hours, charged, posted bond, and awaited my court date. Prior to the court date, the charges against me were dismissed after an investigator discovered that the arresting officer's evidence was faulty. Both the arresting officer and the district attorney acted in 'good faith' and ultimately dismissed the charges out of a lack of evidence.
Key Takeaways
The arresting officer acted in 'good faith' and did not commit a crime. The district attorney, relying on the arresting officer's information, filed charges but discovered the evidence was lacking. Both parties acted within the bounds of the law.It is important to understand that despite the dismissal of charges, this does not necessarily mean that the initial detention was illegal. It simply means that the evidence was insufficient to support the charges.
Proving Intent to Commit a Crime
Proving that the police acted with malicious intent, knowing that the arrest was illegal, and that someone would suffer harm (such as missed work or financial loss) is extremely challenging. The police have qualified immunity, which can complicate such a case.
Challenging Police Actions: It is highly recommended to consult with a qualified attorney who is familiar with the laws applicable to your particular case. Civil Remedies: Depending on the situation, civil remedies such as lawsuits for wrongful arrest or false imprisonment may be pursued. Documentation: Keeping detailed records of all interactions with law enforcement, the charges, and any subsequent dismissal is crucial for legal purposes.What to Do When Challenging Police Actions
Hiring a lawyer can be invaluable in navigating the legal system, especially when facing potential wrongful actions by law enforcement. Legal counsel can guide you through the process of pursuing legal and civil remedies.
If charges were filed and you were arrested, it was a legal act according to the law. However, if the charges were later dismissed, it suggests that the evidence or legal basis for the charges was insufficient. It is important to understand the procedures and legal protections in place during such situations.
Conclusion
While the experience of being wrongfully detained and accused of a crime can be distressing, understanding the legal processes and procedures involved can empower you to navigate this challenging situation more effectively. Consulting with a qualified attorney and understanding your legal rights are crucial steps to take.