Injured During Arrest? Know Your Rights
Being injured during an arrest is a serious matter that can be grounds for both criminal and civil claims. People often don’t realize that even if they are accused of a crime, they still have constitutional rights that must be respected by law enforcement officers. When those rights are violated, especially in the form of physical harm, you may have grounds for a legal claim. When this happens criminal defense and civil litigation law can intersect. Our friends at Brown Paindiris & Scott, LLP discuss how these situations are handled from both legal perspectives.
Your Right To Reasonable Force
Law enforcement officers are legally allowed to use reasonable force when making an arrest. What counts as reasonable depends on the situation. If someone is resisting arrest or poses a threat, more force may be justified. However, once the threat is gone, continued or excessive force may cross the line into misconduct. While many law enforcement officers adhere to the laws around using reasonable force, the unfortunate reality is that law enforcement officers abuse this power and injuries, sometimes even death, can be the result of this unlawful behavior. This is where many legal disputes arise. Injuries that result from excessive or unnecessary force could lead to both criminal defense concerns and a separate civil action for damages with a personal injury claim.
Medical Treatment After The Arrest
If you are injured during an arrest, you have the right to medical care. Officers are required to seek assistance if someone in their custody is visibly hurt or requests treatment. Denying or delaying medical care may be a violation of your rights and could worsen the injury. It is important to request documentation of any medical visits, and if possible, take photos of the injuries. These records will be valuable if a legal claim is filed later.
When To Speak With A Lawyer
If you’ve suffered injuries during an arrest, speaking with an attorney as soon as possible is a good idea. You may need to defend yourself against criminal charges while also pursuing compensation for your injuries. Attorneys with both civil and criminal defense experience, such as those at full-service firms, can attest to how quickly things can become complicated without guidance. A criminal defense lawyer can help protect your rights during questioning or court proceedings while also identifying if your case includes civil claims.
Documenting Everything That Happened
After being released from custody, create a record of everything you remember about the arrest and how you were injured. You can do this by writing down everything you remember about the arrest or you can make a voice or video memo with your phone. Include details like the time, location, names of officers (if known), statements made during the arrest, and how the injury occurred. Try to obtain copies of the arrest report and any available video footage. If other people witnessed the arrest, their accounts can also be helpful and if possible, ask them to write or record their accounts and give you copies. The more documentation you have, the stronger your case may be.
Filing A Civil Claim For Injuries
A person who is injured during an arrest may have the right to file a civil lawsuit for damages. These lawsuits are separate from the criminal charges and focus on compensation for things like medical bills, pain and suffering, lost income, and long-term harm. This is where working with a personal injury lawyer becomes important. They can review the facts and determine whether excessive force or misconduct led to the injury.
Protecting Your Rights Going Forward
No one should be harmed unnecessarily during an arrest, regardless of the charges involved. If you’ve experienced an injury during an arrest or while in custody, it’s important to take steps to protect both your legal and personal well-being. Document your injuries, know your rights, and get the right legal support.
Whether you’re facing charges or seeking justice for injuries, having experienced legal representation can make a meaningful difference. If you’ve been injured during an arrest and believe your rights were violated, don’t wait to take action.