Have you ever been illegally detained or know of someone in a similar case? An arrest is a personal protective measure described as the temporary deprivation of liberty ordered by a competent authority because of the suspicion of a crime. Therefore, always comply with legal requirements. Nevertheless when these legal requirements are not met, it is considered illegal detention and because of that, you should hire a lawyer in Rockwall, TX.
How to deal with illegal detention?
The existence of illegal detention is not just about using force or violence; it can also be used by deception. Depriving a person of their liberty could also be illegal if it was made outside of the assumptions that are established by law. How can you deal with illegal detention? When you have suffered an unlawful arrest, you must recite habeas corpus, which happens to be a legal institution that seeks to prevent arbitrary arrests and detentions while ensuring the basic rights of the victim.
The arresting officer or an officer of the court must present the detainee before the judge within a specified period. He or she will be the one to order the immediate release of the detainee if there are insufficient grounds for arrest. By the habeas corpus, there will be documents presented, which will consist of personal data and all data considered relevant. You must make sure your lawyer in Rockwall, TX knows about this. The judge must be given these documents, especially if you believe that you were detained illegally. The judge will determine whether the documents are valid. If they are not or you were not read your rights, then the court system must let you go. Visit the website to know more.
What can you do about illegal detention?
The judge will ask the officers to submit sufficient documents and decide whether the arrest was been carried out correctly. And if the judge determines that such detention does not meet the legal requirements, he or she will order your immediate release. Otherwise, if the judge deems the arrest necessary, you will be returned to the place where you were detained. At any point in the process, hiring a lawyer in Rockwall, TX is vital to winning your case. Contact the Law Offices of Tim Hartley in Rockwall to learn more.
