Being wrongfully arrested can be one of the most shocking and stressful experiences a person can face. Whether it stems from mistaken identity, false accusations, or a misunderstanding, the impact of being taken into custody when you’ve done nothing wrong is serious—and the consequences can be long-lasting. At DiDonato & Burke Law Firm, we believe that understanding your rights and taking the right steps immediately after a wrongful arrest can make a critical difference in protecting your future.
Criminal defense attorney Thomas F. Burke has represented countless clients throughout Philadelphia who were wrongfully accused, helping them not only defend their innocence but also hold authorities accountable when misconduct occurs. If you or someone you know has been wrongfully arrested, here’s what you need to know—and do.
What Is a Wrongful Arrest?
A wrongful arrest occurs when a law enforcement officer detains or arrests someone without proper legal authority or probable cause. This may involve:
- Arresting the wrong person
- Arresting someone without a valid warrant or legal justification
- Misidentifying a suspect based on race, appearance, or location
- False statements or fabricated evidence by officers or witnesses
Even if you are ultimately cleared of all charges, the emotional, reputational, and financial impact of a wrongful arrest can be significant. That’s why it’s essential to act quickly and decisively.
Step-by-Step: What to Do After a Wrongful Arrest
1. Remain Calm and Respectful
While emotions can understandably run high, the first step is to remain calm and avoid escalating the situation. Do not resist arrest, even if you know it’s unjustified. Any resistance—verbal or physical—can lead to additional charges and complicate your legal defense later on.
2. Exercise Your Right to Remain Silent
You have the right to remain silent—and you should use it. Politely inform the officers that you wish to remain silent and would like to speak to an attorney. Anything you say can be used against you, even if you’re innocent.
3. Request Legal Representation Immediately
Do not attempt to explain your innocence or argue your case without an attorney present. Once you are in custody, clearly and repeatedly request a lawyer. As soon as you are able, contact an experienced criminal defense attorney like Thomas F. Burke at DiDonato & Burke Law Firm to begin protecting your rights.
4. Document Everything You Can
As soon as possible, write down every detail you can remember about the arrest: the officers involved, the location, what was said, and any witnesses who were present. These details can be critical to building your case and identifying any civil rights violations.
5. Gather Supporting Evidence
If there were cameras nearby—whether private security footage, dashcams, or body cameras—your attorney can work quickly to obtain that evidence. Eyewitnesses, phone records, or even social media posts can help confirm your innocence or demonstrate that the arrest was unlawful.
Understanding Your Rights
When you are arrested, your constitutional rights do not disappear. Key protections include:
- The Fourth Amendment: Guards against unreasonable searches and seizures. An arrest made without probable cause or a warrant may violate this right.
- The Fifth Amendment: Protects against self-incrimination. You are not required to answer questions without an attorney.
- The Sixth Amendment: Guarantees your right to legal counsel and a fair trial.
- The Fourteenth Amendment: Ensures due process and equal protection under the law.
Violations of these rights can be the basis for challenging the arrest, suppressing unlawfully obtained evidence, and even filing a civil lawsuit.
Civil Remedies for a Wrongful Arrest
In addition to having criminal charges dropped or dismissed, individuals who have been wrongfully arrested may have the right to pursue a civil claim against the police department or officers involved. This may include claims for:
- False arrest or false imprisonment
- Malicious prosecution
- Violation of civil rights
- Emotional distress
- Lost wages or reputational harm
However, these claims can be complex and time-sensitive. It’s essential to work with a legal team that has experience navigating both criminal defense and civil rights litigation.
How DiDonato & Burke Can Help
At DiDonato & Burke Law Firm, we know that a wrongful arrest is more than just a legal issue—it’s a deeply personal and often traumatic event. Philadelphia criminal defense attorney Thomas F. Burke brings years of courtroom experience and a fierce dedication to justice for those wrongfully accused. Mr. Burke investigates the facts thoroughly, challenges unlawful police actions, and fights aggressively to have charges dropped and your name cleared.
Whether you were arrested based on mistaken identity, unlawful search and seizure, or another form of misconduct, criminal defense attorney Thomas F. Burke will explore every legal avenue to hold the system accountable and protect your future.
Don’t Let a Wrongful Arrest Define You
Just because you were arrested doesn’t mean you’re guilty—and it certainly doesn’t mean you should be treated as if you are. If you or a loved one has been wrongfully arrested in Philadelphia or the surrounding area, don’t wait. Contact DiDonato & Burke Law Firm today to speak with skilled criminal defense attorney Thomas F. Burke personally, he will fight for your rights every step of the way.
Consult with an Experienced Philadelphia Criminal Defense Attorney
Call our office today at (215) 567-1248 or visit our website to schedule a confidential consultation. Let our experience, dedication, and legal knowledge work in your favor. When your freedom and reputation are on the line, Thomas F. Burke is here to make sure you’re not facing it alone.
