As a citizen of the U.S., the Fourth and Fourteenth Amendments protect you from being wrongfully arrested by law enforcement officials. Unfortunately, some estimate that the rate of wrongful convictions in the U.S. is anywhere from 2-10 percent. While that might not sound like a lot, at that rate there could be over 200,000 innocent people serving sentences in prison because they were wrongfully arrested and convicted for a crime they didn’t commit.
There are many different reasons for a person to be wrongfully arrested and convicted. Whether you were incorrectly identified by an eyewitness or the defense lawyer who represented you didn’t do an adequate job, it’s critical that you take appropriate steps to protect your rights and regain your freedom.
When is an arrest considered wrongful?
If you were detained and convicted by police without proper legal authority, you may have been wrongfully arrested. Common examples of wrongful arrest include:
- Arresting the wrong person
- Arresting a person without probable cause
- Failure to read the suspect their Miranda Rights
- Making an arrest without just cause
- Making an arrest on a warrant that was obtained due to false information
- Making an arrest by incompetence
- Making an arrest for personal gain
- Making an arrest based on the suspect’s race
- Making an arrest based on pure malice
What is a wrongful conviction?
If you are factually innocent of the charges you were convicted of or there were procedural errors that violated your rights, you may have been wrongfully convicted. Common causes of wrongful convictions include:
- Being misidentified by an eyewitness
- Unvalidated forensic science
- False confessions
- False testimony from a jailhouse informant
- Police misconduct
- Prosecutorial misconduct
- Systemic racism and/or racial bias
- Inadequate representation from a defense lawyer
Hire an experienced criminal defense attorney to avoid a wrongful conviction
Even if you know you didn’t do anything wrong, that might not be enough to save you from a wrongful conviction. Just because you’re innocent it doesn’t mean your charges will be automatically dropped. Mistakes can be made, which is why it’s important to let an experienced criminal defense attorney review the details of your case and take steps to protect your rights.
As someone who served as Assistant District Attorney in Montgomery County, Conroe criminal defense lawyer Amanda Webb has a clear understanding of the law in Texas and is uniquely qualified to handle your case. Attorney Webb knows the ins and outs of the Texas legal system and can help you resolve your case, whether you were wrongfully arrested or wrongfully convicted. Contact The Webb Firm, P.C. today to learn more.