Knowing what to do if police use force to arrest you and subject you to criminal charges can help you protect your rights and options and put yourself in the best position to pursue a favorable resolution to your criminal case and seek accountability for police misconduct. An experienced criminal defense attorney can help you understand police arrest and use of force laws and how they apply to your case. Contact The Zeiger Firm today for an initial case evaluation to discuss your options for defending yourself against criminal charges when you suffered excessive force during an arrest and seeking accountability and justice from the officer(s) responsible.

Know Your Rights During an Arrest

First, when you face police force during arrest, knowing your rights as a criminal suspect can help protect your interests if you later face criminal prosecution. Important legal rights when facing police force during arrest include your:

  • Right to Be Free from Excessive Force – The law protects you against being subjected to excessive force by police officers during an arrest and while in custody. Officers must use the minimum force necessary to subdue, detain, and control you in custody while also protecting the officers and the public’s safety.
  • Right to Remain Silent – In police custody, you have the right to remain silent, which means you do not have to answer officers’ questions about suspected criminal activity. Your right to remain silent means you can refuse to answer questions during an interrogation or to provide a statement. The police cannot compel or force you to speak about your charges, including by misleading you regarding your charges or rights, depriving you of food/water/sleep, or engaging in physical or mental torture to coerce you into making incriminating statements.
  • Right to Legal Counsel – Finally, you have the right to talk to a criminal defense attorney as soon as practicable after an arrest once you inform the police of your desire to speak to legal counsel. Once you invoke your right to an attorney, the police should not attempt to question you until you’ve spoken with your lawyer. Furthermore, you have the right to have your attorney present if you agree to sit for police questioning.

These are known as your Miranda rights. If police did not recite them to you during your arrest, this could have implications for your criminal case. Contact an experienced criminal defense lawyer and notify them of this issue.

Legal Steps After Police Force in Arrest

After becoming a victim of police using force to arrest you in violation of your rights, you can take specific actions to put yourself in a favorable position to defend yourself in a criminal case or seek accountability for police misconduct. Steps you should take when dealing with police force in arrests to protect your interests and legal options include:

  • Stay calm and comply. Do not argue against an arrest or attempt to resist arrest.
  • Ask if you can leave; if the officer says no, they have detained you or placed you under arrest.
  • Exercise your right to remain silent.
  • Seek medical attention as soon as possible.
  • Ask to speak to a lawyer as soon as possible.

Document the Incident When Safe

After you get out of police custody following an arrest where officers use excessive force against you, you can help your criminal case and potential civil action against the officers and police department by documenting the details of your arrest, booking, and post-arrest detention. Details you should write down as soon as possible include:

  • Officer details (e.g., police department(s), names, and badge numbers)
  • The time, date, and location of the incident
  • A description of what occurred before and during your arrest and booking

Furthermore, you should note any witnesses to your arrest who may have testimony or cell phone footage. Finally, you can request the police department preserve any dashcam or bodycam footage of your arrest.

Legal Options If You Experience Excessive Force

Suspects who experience unnecessary force may have the legal right to defend themselves in a criminal case and seek to hold officers responsible for harm caused by excessive force. Options for responding to police force during arrest include:

  • Defending Against Criminal Charges – When you face criminal charges after an arrest involving excessive force, the police officers’ misconduct may provide you with a defense strategy for your charges. For example, police misconduct may lead to an illegal search or interrogation from which officers obtain evidence or inculpatory statements used in the prosecution’s case. A defendant may file a motion to exclude such evidence obtained by violating their constitutional rights.
  • Filing a Civilian Complaint with the Police Department – People who suffer unnecessary force by police officers during an arrest can file civilian complaints with the police department. Some police departments have civilian oversight boards investigating excessive force claims. Other departments forward civilian complaints to internal affairs officers for investigation, which can lead to possible discipline for an officer who violated department policy or infringed upon an arrestee’s rights.
  • Filing a Civil Rights Lawsuit – Finally, you may be able to file a civil rights lawsuit against the officers involved in your arrest and the police department or municipal government. Depending on the circumstances surrounding your arrest, you may have various claims under state and federal law. Many victims of police excessive force bring federal claims under 42 U.S.C. §1983, the federal statute that gives individuals a cause of action against government officials responsible for violations of civil rights. Under §1983, individual police officers may bear financial liability for injuries and losses an arrestee experiences due to the officers’ violations of the arrestee’s rights. Police departments and municipal governments may also bear liability for policies or customs that deprive a person of constitutional or civil rights.

Contact an Experienced Criminal Defense Lawyer

Familiarizing yourself with what to do if arrested with force by the police can put you in the best position if you ever find yourself in this unfortunate position. If police used excessive force during arrest while you were in police custody, you can protect your legal rights by consulting a knowledgeable criminal defense attorney. Contact The Zeiger Firm today for a confidential consultation to discuss police force and your legal options for defending yourself against criminal charges and seeking accountability and justice for the harm you experience due to law enforcement officer misconduct.