Often, when people are arrested, they assume the cards are stacked against them and the officer’s actions will not be questioned. However, if an arrest has been made, the validity of the arrest is not a given. In many cases, evidence is thrown out when the arrest was done improperly or by officers functioning outside of their jurisdiction. Miami criminal defense lawyers can help you determine whether the arrest was appropriate, and if not, you may be free of the headache of having charges filed against you.
What About a Citizen’s Arrest?
In reality, anyone can make an arrest given certain factors. Disclaimer: we do not recommend you make citizens’ arrests. You could face civil and criminal liability in the event of an improper citizen’s arrest. However, if someone is engaged in illegal activity or dangerous behavior constituting a felony, a citizen can act as an officer of the law and arrest someone. However, the activity the person is engaged in must be proven to be illegal and not merely annoying. If an officer has arrested you outside of their jurisdiction, they could cite their right to make a citizen’s arrest, but they are given no more leeway just because they have a badge. Like anyone else, he or she would have to prove a citizen’s arrest was justified. A criminal lawyer in Miami can clarify what constitutes a justifiable citizen’s arrest and what does not.
When Can an Officer Make an Arrest Outside of Their Jurisdiction?
In specific cases, officers can make arrests outside their jurisdiction if:
- There has been a mutual agreement between law enforcement authorities that this is permissible
- The arrest is the result of a pursuit that began in the officers’ jurisdiction
Officers must make arrests only within their jurisdiction unless there has been an agreement made between law enforcement agencies that officers can make arrests in other places. Therefore, if you have been arrested, it is worth checking with a criminal attorney in Miami to ensure the officer was working within his or her jurisdiction, and if not, that there was an agreement they could make an arrest elsewhere. If no such agreement was in place, the arrest may be invalid and you may not be charged.
Another situation in which an officer can make an arrest outside of his or her jurisdiction is if the arrest was the result of a pursuit that began in their jurisdiction. In other words, if there is a car chase beginning in a place the police officer usually operates and goes across jurisdiction lines, the arrest is usually valid. However, there may be subtle details a Miami criminal defense lawyer can spot that could render the arrest invalid.
Was Your Arrest Unauthorized?
It can be depressing to be arrested, but that doesn’t mean one has to face it with a defeatist attitude. Many arrests are unjustified, in some cases, because the officer was operating outside of their jurisdiction. Consult with a criminal defense lawyer in Miami and find out if you can have your charges dismissed because of mistakes the officer made.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Defense Lawyer.