Our New Jersey Criminal Defense Lawyers Define an Arrest
The New Jersey criminal defense lawyers at Anderl & Oakley P.C. understand that illegal arrests occur more often than many people realize. Just because the police have made an arrest does not mean it is a legal arrest, as there is a specific protocol associated with a legal arrest from the very beginning. Your New Jersey criminal defense lawyers can investigate your police report for potential arrest violations, including an absence reasonable suspicion or probable cause. Officers must have reasonable suspicion that a crime has been committed before they can investigate for probable cause, which is necessary to make an official legal arrest.
After being arrested you will be taken to a holding facility before being booked. This is standard procedure for everyone arrested, regardless of the validity of being detained. After your personal information is filed, your case information will be sent to a judge for determination on bond release. During the booking process you should also be allowed to make a phone call to someone to let them know you are incarcerated. That call can be anyone, including a lawyer. A family member can often assist in finding an attorney, who will then contact the booking desk concerning visitation and bond amount. Once you have officially retained counsel your New Jersey criminal defense lawyers can begin the process of evaluating the arrest report for errors and inconsistencies, along with potential illegal actions of the arresting officer. Family visits may be done according to facility policy, but your attorney should be able to visit you immediately.
Consequences of a Bad Arrest
Individuals who are arrested under illegal conditions will still have to wait on the system to move before the court addresses the arrest protocol. Your New Jersey criminal lawyers can question the arresting officer and present an initial counter claim concerning material case evidence and reasonable actions of the arresting officer. Just because the arrest is not legal does not mean an immediate release will occur. The prosecutor has until the time of arraignment by a judge to find probable cause if your attorney is arguing there is insufficient evidence. The judge is not necessarily required to agree with the prosecutor’s position on the arrest when your New Jersey criminal defense lawyers are convincing. Evidence seized in an illegal arrest can also be suppressed, meaning the state may not have a case.
Contact Our New Jersey Criminal Defense Lawyers
Anyone arrested illegally in Jew Jersey should contact the law firm of Anderl & Oakley PC at (609) 921-1755 and let them evaluate your potential for a case dismissal.