In 2020, nearly 2.3 million people were being held in the U.S. criminal justice system, with most of them sitting in state prisons. However, this number does not capture the revolving door of the jail system, where 10.3 million people pass through each year. In Las Vegas alone, 84,269 people were arrested in 2019. Many of those who went to jail left quickly because they obtained Las Vegas bail bonds, and some never went to trial. Unfortunately, false arrests and false convictions are not uncommon.
Falsely Arrested: What Does This Mean?
There is no one answer to this question as the term “false arrest” can have different meanings depending on who you ask. Generally speaking however, a false arrest occurs when an individual is taken into custody without justification or when criminal charges are brought against them based on false information. Depending on the situation, a person may experience some form of damage as a result of their false arrest.
In some cases, a person may suffer from psychological stress due to the fact that they were falsely accused of a crime. This can lead to problems with concentration and memory, as well as depression and anxiety. Additionally, unjustified arrests can result in missed work or school opportunities, financial losses, and legal fees. For these reasons, it is important for individuals who believe that they were falsely arrested to seek legal help as soon as possible.
How Many Innocent People Are Arrested and Convicted?
While it’s probably impossible to determine exactly how many people are falsely arrested and convicted, the numbers are much higher than zero, making it a concern. In one estimation, up to 1% of those convicted of a crime are innocent, meaning that 23,000 people sitting in prison have not committed the crimes they were sent to jail for.
Of the 195,000 people sentenced each year, 1,950 would be innocent. In 2020 alone, the Innocence Project used DNA analysis to successfully prove that 365 people sitting in prison were not guilty of their crimes, leading to their exoneration. Of those, 10% had already spent 25 years or more in prison when they were not guilty. No one wants to get arrested for a crime they did not commit, but, sadly, it can happen. If this happens to you, it’s essential you know what steps to take to protect yourself.
Methods Used To Commit a False Arrest: What Are Some Common Methods Used To Falsely Arrest Someone?
1. False Accusations
False accusations are some of the most common methods used to falsely arrest someone. This type of accusation can happen in any situation where a person may be wrongly accused of doing something they did not do. False accusations can be made by anyone, including family members, friends, or complete strangers. There are many reasons why someone might make a false accusation, but often it is motivated by revenge or anger. False accusations can also be made as part of a criminal conspiracy, to win a civil or criminal lawsuit, or to gain political power.
2. Making Up Evidence
Making up evidence is another common method used to falsely arrest someone. This occurs when the police officer either makes up their own evidence or uses evidence that is not true. This can be done by making up witnesses, inventing stories, or fabricating documents. False arrests can have serious consequences for the person arrested and their family.
Sometimes, a real witness may also make up evidence. In this case, the witness/witnesses may make up false evidence, in which case the police will then falsely arrest the supposed perpetrator. This can result in innocent people being wrongfully arrested and spend time in prison.
3. Framing Someone
Framing someone is yet another way used to get someone falsely arrested. Framing is often used as a political tool to suppress dissent or intimidate others. It can also be done for other reasons such as to make money, to get revenge, or because the accuser simply is a psychopath.
In order to frame someone, the perpetrator(s) must create a false story that links the person being framed to a crime. This can be done by using circumstantial evidence or direct evidence. Once they have created this false story, they can then report it to law enforcement and then have them arrest the person being framed.
4. Planting Evidence
Planting evidence could also be used to falsely arrest someone. This can be done by planting drugs, weapons, or any other type of evidence. This method is often used when the person who was arrested does not have anything on them that could incriminate them, but they have enemies who’d like to see them “go down.”
Planting evidence can be done by anyone, regardless of their experience or relation to law enforcement. There are many ways to plant evidence, and it is often difficult to detect it. For example, witness testimony could also be “planted.” This is known as planting false witness testimony.
5. Using Intimidation or Coercion
In order to falsely arrest someone, officers may resort to intimidation or coercion. This can be done through threats of violence, making false accusations, or even using physical force if necessary. In recent years, there have been a number of high-profile cases where people have been falsely arrested and detained using these tactics.
One such case involved Las Vegas police officers who coerced a man into confessing to a crime he didn’t commit. The officers threatened to charge him with more serious crimes if he didn’t cooperate, and eventually he agreed to sign a confession. He was later released after it was discovered that the confession wasn’t accurate.
In another example, two Las Vegas police officers used intimidation tactics to coerce a woman into signing a false confession. The officers claimed that she had implicated herself in a crime, but she was actually innocent. After she refused to sign the confession, they detained her without justification and eventually released her without charge.
Is It Illegal for the Police To Falsely Arrest Someone?
In the United States, it is against the law for law enforcement officers to falsely arrest someone. This means that if an officer arrests someone without having grounds to do so, that person can file a lawsuit against the officer. False arrest is a criminal offense, and the officer who willfully commits this act can face serious consequences.
Recommendations for Avoiding a False Arrest: What Can Be Done To Avoid a False Arrest?
1. Do Not Consent to a Search if the Officer(s) Do Not Have a Search Warrant
When an officer asks for your consent to search your person or property, do not give it unless the officer has a valid warrant. A search without a warrant is illegal and can result in a false arrest. In this case, even if you are arrested, you may be able to file a complaint against the erring officer(s).
2. Inform an Officer of Any Weapons You May Have on You
On a typical day, police officers are trained to be observant and cautious. This means that they are often on the lookout for potential threats or people who may have weapons on them. If you are carrying a weapon while speaking to an officer, it is important to inform an officer of this so that you can avoid a false arrest. Here are some tips for doing this:
a. Make sure that the weapon is visibly displayed. This means that if it is concealed, make sure that it is exposed so that the officer can see it.
b. Speak clearly and slowly when informing the officer of your weapon. This will help to ensure that there are no misunderstandings or mistakes made during the interaction.
c. Do not try to resist if an officer requests to see your weapon. Any resistance could lead to an altercation and possible detention or arrest.
3. Do Not Run When Stopped or Questioned
Many people have been falsely arrested because they ran when stopped by law enforcement. When you are stopped, do not run. Always remain calm and answer any questions the officer asks. If you cannot answer a question or if the officer seems suspicious, please ask for an attorney.
What Should You Do When You Are Arrested but Innocent?
Remember that you are innocent until proven guilty. Though it’s a scary thing to find yourself going to jail for a crime you didn’t commit, it is important to stay calm. Police make false arrests for several reasons. It could be a case of mistaken identity, either from the officers or the accusers. An arrest doesn’t necessarily mean you’ll be charged or convicted. If you are taken into custody, and you’ve done nothing wrong, take the following steps:
1. Don’t Answer Any Questions
The 5th Amendment of the U.S. Constitution gives you the right to remain silent. Do so. You do not have to answer any questions. No matter what the police ask, how angry they get, or what they promise you, politely refuse to respond. Make sure you tell your arresting officer that you are invoking your 5th Amendment rights.
2. Obtain an Attorney
You have the right to an attorney. If you can’t afford one, you may be able to obtain pro bono legal services through the state. Only respond to law enforcement’s questions in the presence of your attorney. Should the police deny you the opportunity to contact an attorney, any evidence they have may not be admissible in court.
3. Post Bail
Don’t stay in jail any longer than you have to. No matter what time you are arrested, you can obtain Las Vegas bail bonds from a trusted agency that offers 24 hour bail bonds. All n One Bail Bonds is open all day, every day of the week. You do not need to wait to get back home. Once you are out of jail, you can focus on upholding your innocence.
4. Demand To See a Search Warrant
If you were falsely arrested, and the officers are demanding to search your property, demand that they produce a search warrant. It is illegal for law enforcement to search your home without a warrant. The search warrant needs to have:
- A statement of probable cause
- Identification of what the officers can look for
- A judge’s signature
When any of these is lacking, the warrant is not valid.
5. Gather Your Evidence
You’ll want to begin gathering any evidence that supports your innocence immediately. It is unfair that you should have to defend yourself against a crime you never committed, but the more information you have, the easier it is for your lawyer to uphold your innocence. Begin to build your alibi, informing your attorney of people who would be able to corroborate. These witnesses help establish your whereabouts.
6. Do Not Confront Your Accuser
If you know the identity of your accuser, you may feel like you can iron the whole situation out by talking to him or her. However, you should refrain from making any attempt to speak with the person who has wrongly accused you of a crime, even if you think it was done mistakenly. Let the attorneys and the court system handle the details. They have the expertise required to navigate the system.
7. Do Not Attempt To Defend Yourself in the Public Eye
Understandably, you want to clear your name, but you must continue to hold your silence. Do not discuss your case with anyone other than your attorney. Do not speak with friends or family members about it. Don’t say discuss anything about the incident or your case with the media or anyone over the phone. Do not post about it on social media. All of these forums provide the prosecutors with potential evidence to use against you in court.
8. Follow Your Attorney’s Advice
Your attornies are there to support you and guide you through the process. They know what to expect and how to handle legal cases like yours. They understand how the system works and what you can do to help establish your innocence. They also know what doesn’t work. Follow your lawyer’s advice as you move through the process.
9. Be Patient
It can be difficult to let the process work, but there is no way around it. It is going to take time to muddle through. You’ll need patience and a big dose of courage. It’s a stressful time, but your legal team is there to offer support and get you through it all as smoothly as possible.
Where Can You Find Affordable Las Vegas Bail Bonds?
All n One Bail Bonds offers the best and most affordable Las Vegas bail bonds. You can count on us for 24 hours bail bonds, seven days a week. If you or someone you know needs a trusted bail bond agency, give us a call at tel:(702)333-2663 or begin our online bail application process.