Imagine this: You’re going about your day, minding your own business. Suddenly, you find yourself cuffed and arrested. The charges are baseless, terrible mistakes.

The shock, the fear, and the disbelief—it’s overwhelming. Moreover, in such a situation, you’re forced to fight the legal system to clear your name and seek justice. This also raises the question of whether to hire a personal injury attorney or a criminal defense attorney. Both types of lawyers play important roles, but their specialties also vary significantly.

Understanding which attorney is best for your case can drastically affect your outcome.

Understanding Wrongful Arrest

A wrongful arrest occurs when a person is taken into custody without probable cause or legal justification. These cases often stem from mistaken identities, wrongful accusations, or even errors in technology.

According to the Equal Justice Initiative, over 3,580 people in the U.S. have been exonerated since 1989. This figure highlights the serious issue, as the Innocence Project estimates that about 20,000 individuals in prisons are wrongfully sentenced. These convictions primarily occur due to mistaken identity, inadequate defense, poor police and prosecutor accountability, or faulty forensic techniques.

A well-documented case in Detroit, for instance, forced local law enforcement to revise their facial recognition policies after wrongful arrests sparked public outcry. In 2020, Robert Williams, a Detroit citizen, was wrongfully arrested for shoplifting. Following a lawsuit against the city, Robert was compensated $300,000 in damages. Moreover, the city, in agreement with the American Civil Liberties Union (ACLU) and the Civil Rights Litigation Initiative, revised its arrest guidelines.

The police can’t arrest people merely based on facial detection analysis. They’ll have to do the old-fashioned police work to establish a sufficient reason for an arrest. Since this case, CBS News reports that at least six more similar cases have surfaced. In almost all cases, the arrested victims were of African-American heritage. Such arrests violate an individual’s rights and can lead to significant emotional, financial, and reputational damage.

Just last year, Detroit police officers wrongfully arrested an eight-month pregnant woman in front of her children. The police suspected the women of carjacking, an allegation that was dismissed by a prosecutor a month later. Following this case, Detroit City implemented the new limitations on this technology.

The ACLU reveals that over 20 municipalities within the country have taken similar but aggressive measures. Boston, Pittsburgh, and San Francisco have banned the police from using AI facial recognition.

When to Hire a Criminal Attorney?

A criminal defense attorney is the first person you should turn to when facing criminal charges. These attorneys specialize in representing individuals facing charges and understand the nuances of the criminal justice system.

If you’ve been wrongfully arrested, a criminal attorney can work to prove that the charges against you are baseless. Their primary goal is to get the charges dropped, dismissed, or reduced by scrutinizing the evidence presented by the prosecution. They also help identify any inconsistencies or violations of your rights​.

For example, criminal defense lawyers often look for flaws in circumstances leading to the individual’s arrest. If they find a lack of probable cause or any mishandling of evidence, they can use this information to build your defense. Additionally, they assist with negotiating bail conditions and, if necessary, represent you in court​.

However, while a criminal defense attorney can help you avoid a conviction, only some are equipped to handle wrongful arrest-related civil damages. This is where personal injury attorneys step into the picture.

When Are Personal Injury Attorneys Necessary?

TorHoerman Law reveals that personal injury attorneys typically handle cases involving harm, negligence, or accidents. This includes emotional distress, reputational harm, or financial loss. However, they also play a crucial role in wrongful arrest cases, particularly when the arrest results in damages.

If you were harmed during the arrest, physically or mentally, a personal injury attorney can help you file a lawsuit for compensation​. For instance, consider the case of a Missouri man who spent 28 years in prison due to a wrongful conviction. Lamar Johnson, 50, was falsely detained, copped, and indicted for the violent 1994 homicide of Marcus Boyd. After his release, he sued the state and eight other police officers for damages.

This case highlights how personal injury attorneys can fight for compensation when wrongful arrests lead to long-term harm​. A St. Louis personal injury attorney could help Lamar recover compensation for the trauma he suffered, whether physical, emotional, or financial. They could also work to ensure Lamar receives support for reintegrating into society. Thus, addressing the unique challenges he faced after nearly three decades of unjust detainment.

How to Decide Between a Personal Injury and a Criminal Attorney?

Determining which attorney to hire depends on the context of your case. If you wish to fight the charges and avoid a criminal record, you need a criminal defense attorney. They will handle the court proceedings, negotiate with the prosecution, and attempt to absolve or minimize the infractions.

On the other hand, if your wrongful arrest caused financial or emotional damage, hiring a personal injury lawyer is crucial. They will help you recover compensation for any losses you suffered due to the arrest. In some cases, you may need both a criminal and a personal injury attorney. For example, initially, you might work with a criminal attorney to clear your name. Then, hire a personal injury lawyer to pursue a civil suit for your losses​.

When wrongfully arrested, choosing the ideal legal counsel is key to defending your freedom and pursuing justice. Whether you require a criminal defense attorney to fight charges or a personal injury lawyer to seek compensation, legal help is available. Remember, the key is to act quickly and select an attorney with experience in wrongful arrest cases.

Depending on your case, you may need one or both types of lawyers to cover your legal needs. Evaluate your situation carefully and ensure you seek the appropriate legal counsel to achieve the best possible outcome.

John Mali Director of Media Relations

Director of Media Relations at AboutBoulder.com

john@aboutboulder.com