What is considered a false arrest?

arrested and in cuffs

What happens during an arrest?

When and arrest is made, the person being arrested likely has a lot of questions going through their mind. Especially if they don’t believe they did anything wrong, they may be wondering if it is a mistake, a  false arrest. If the police show up at your home or work and take you into custody, without any warning, can they arrest you like that? What should a person under arrest do first? 

There may be nothing more scary than being arrested, even if you’re aware of what you did, or didn’t do. There are the immediate implications that come to mind. Such as iIf the arrest happened at work, will you still have a job when this nightmare is over? If the arrest was at your home, what are the neighbors thinking?  So many questions and so many different scenarios are playing through your mind. 

An arrest happens when law enforcement takes a person in custody after breaking a law or committing a crime. Once that person is in police custody, there are procedures that take place when you’re arrested, and the law enforcement officers are required to follow those follow certain procedures. The procedures are in line with your constitutional and legal rights and you have lost your freedom to walk away from the situation once you are in custody.

Persons that are under arrest , have the following rights that the arresting officer must state and follow. The purpose of these rights is to protect the person’s 5th amendment rights. The rights read by the arresting officer are known as Miranda Rights: 

  1. You have the right to remain silent.
  2. Anything you say can and will be used in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed.
  5. If you chose to answer questions without an attorney, you have the right to request an attorney at any point during questioning. 

Miranda rights are only required at the time of arrest and during interrogation. Basic traffic stops does not warrant the Miranda rights being read if no arrest is being made.

Is Resisting Arrest serious?

Each state has a different view on this matter, but in Louisiana, resisting an arrest is part of resisting an officer, which is considered to be a broader criminal charge. This charge means that the accused interfered while the arresting officer was attempting to do their job. 

The position of “officer” extends beyond a police officer. This also includes any officer that is working in an official capacity like a parole officer, marshal, warden, or  wildlife enforcement. The following acts would be considered resisting arrest or resisting an officer: 

  • The accused runs or attempts to run away after being advised by a police officer they were being placed under arrest
  • The accused physically resist the arrest
  • The accused threatens or injures the arresting officer
  • The accused injures the arresting officer
  • The accused refuses to give their name or any identifying information to the arresting officer
  • The accuse gives false information to the arresting officer
  • Any disregard to disperse from a  public location when instructed by a police officer
  • Entering an sealed off area that is marked by police barricade or tape

Is Resisting arrest a misdemeanor or felony?

Under Louisiana law, resisting arrest or resisting and officer can be either a felony or misdemeanor. Resisting arrest or resisting an officer goes from a misdemeanor to a felony if the accused uses force against the officer, even if the officer is not injured. 

What is the sentence for resisting arrest?

For a misdemeanor resisting arrest is subjected to a fine of $500 or more and a jail sentence of six months or longer.  A felony resisting arrest is subjected to a fine of $2,000 and up,  and/or prison sentence of one to three years.

police at scene of crime

Is being detained legal?

 Being detained is like an arrest without charges being stated by the arresting officer.  The term ‘detained’ is when a person is being held without arrest with their liberties deprived just before a formal arrest has been made. An example would be a person being detained for suspicion of shoplifting until the arresting officer has all the surrounding evidence gathered and then advises the person they are under arrest. 

In Louisiana, how much time passes from an arrest to arraignment time? The District Attorney has 30 days to schedule an arraignment after an arrest. This process takes filing the indictment, also known as the bill of information. In the situation of a serious crime, such as murder, the District Attorney may request and receive a longer period of time if needed. 

A person that believes they are victim to a false arrest should obtain an attorney and follow the recommended legal steps.  A false arrest or wrongful arrest occurs a person holds another person against their will or takes them into custody. A false arrest can be performed by either private persons or law enforcement agents that are acting beyond or outside of their authority. Call 985-446-9007 today for your bail needs.