What to Do If You're Arrested but Innocent

At Magid Law Office, serving Redding, Shasta, Trinity, Siskiyou, and Tehama counties, we understand that being arrested when you are innocent can be terrifying and frustrating. Even if you have done nothing wrong, the legal system does not automatically recognize your innocence—you must protect yourself and take the right steps to ensure justice prevails. Here's what you need to know if you find yourself wrongfully arrested.

Why Innocent People Get Arrested

Wrongful arrests happen for many reasons, including:

• Mistaken Identity – You may fit the description of a suspect.
• False Accusations – Someone may have wrongly accused you out of anger, revenge, or misinformation.
• Police Misconduct or Bias – Officers may rush to judgment without proper investigation.
• Being in the Wrong Place at the Wrong Time – Simply being near a crime scene can lead to wrongful suspicion.
• Faulty Evidence or Misinterpretation – Misleading witness statements, surveillance footage, or forensic errors can lead to an arrest.

Steps to Take If You're Innocent and Arrested

1. Remain Calm and Composed

   • Resisting arrest or arguing with law enforcement can escalate the situation.
   • Keep your hands visible and comply with basic instructions.

2. Exercise Your Right to Remain Silent

   • Do not attempt to explain your innocence to the police—anything you say can be used against you.
   • Politely state, “I am invoking my right to remain silent and would like an attorney.”

3. Do Not Consent to Searches

   • If officers do not have a warrant, they need probable cause or your consent to search your property.
   • Politely refuse consent to any searches until you have legal representation.

4. Request an Attorney Immediately

   • You have the right to an attorney, whether you can afford one or not.
   • Do not answer any questions without legal counsel present.

5. Gather Information

   • If possible, take note of the officers' badge numbers, patrol car numbers, and names.
   • Try to remember the exact sequence of events leading to your arrest.
   • If witnesses are present, ask for their contact information.

6. Avoid Speaking to Anyone About Your Case

   • Do not discuss your situation with other inmates, friends, or family over jail calls—these conversations may be recorded.
   • Only discuss your case with your lawyer.

7. Document Any Violations of Your Rights

   • If you were mistreated, denied an attorney, or had your rights violated in any way, inform your lawyer immediately.
   • This information may be crucial in getting your charges dropped or reduced.

How an Attorney Can Help You

An experienced criminal defense attorney can:

• Investigate Your Case – Your lawyer will gather evidence to prove your innocence.
• Challenge Unlawful Arrests – If police violated your rights, your attorney can seek to have evidence suppressed.
• Negotiate for Case Dismissal – If there is insufficient evidence against you, your lawyer can push for a dismissal before trial.
• Defend You in Court – If your case proceeds to trial, a skilled defense attorney will advocate for your rights and present the strongest case possible.

Contact Magid Law Office If You've Been Wrongfully Arrested

If you or a loved one has been arrested but is innocent, you need legal representation immediately. At Magid Law Office, we specialize in defending the wrongly accused and ensuring your rights are upheld. Call us today at (530) 338-2004 for a confidential consultation and let us fight for your freedom.