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One of the most horrifying and humiliating scenarios is to be arrested and jailed on charges as a suspect in a crime you did not think you committed. The best advice in the early hours is to avoid answering any questions until that certain person can hire a criminal defense attorney to help navigate the murky waters of the legal system.

            The first step is for the attorney to find out what the exact charges are and the circumstancesof the arrest, such as a statement from a witness that implicates that personas being the suspect who committed the crime.

It is also the duty of the prosecution to prove beyond a reasonable doubt, that you did commit this crime

The Emotionally Charged Scenario

In one example scenario, a person may claim that you restrained him/her from leaving your car during an argument. If that person, merely placed a hand on the arm to stop from leaving so you two could talk further, this is a case of false imprisonment that is covered by the California Penal Code 236.

If you reach across and hold the door closed so the person cannot leave the car, then this also false imprisonment even without touching the other person. If you used force or exhibited a menacing attitude to stop the other individual from leaving, thus keeping him/her in the car against their will due to the threat of violence, then the charges can be upgraded to a felony with more severe outcomes. That person canalso sue you in civil court for violation of her personal liberty.

It is unfortunate that you may not have done any of these things, yet a person can still accuse you of having donethem and there were no witnesses to see what happened. That is why you need an expert criminal defense attorney to handle your case and find the way to uncover the truth. It is also why you should not answer questions to the policeuntil you have seen your attorney first, and that he or she is present duringall questioning sessions.

It is also the duty of the prosecution to prove beyond a reasonable doubt, that you did commit this crime by showing that you did intentionally restrain an individual and force what you wanted against their own desire to leave the car.

Citizen’s Arrest and False Imprisonment

            California’s Penal Code 837 gives the conditions under which you can make a citizen’s arrest, such as in a robbery of a store or of a woman’s purse while out in public. You can make a citizen’s arrest if you saw the crime when it occurred. You can also do it when a suspect committed a felony, even though it was not in your presence.

The third condition is if the felony occurred, and you have reasonable cause for believing that person to have committed it. One scenario is if an individual yells that a person running away, stole a purse or a bag. You can then make a vocal non-violent citizen’s arrest.

Author Photo

Kerry L. Armstrong

Attorney Kerry Armstrong opened up his law firm, the Law Offices of Kerry L. Armstrong, APLC, in June 2007. Prior to that, he was employed as the senior associate attorney for a large criminal defense firm in San Diego for nine years, eventually being placed in charge of that firm’s branch office in downtown San Diego. At one point, he was managing six attorneys at that firm, as well as several support staff and law clerks. In 2014, 2015, 2016, 2017, 2018, and 2019 Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys. In 2017, he was also selected for the Super Lawyers Top 50 in San Diego list. In 2014, he was selected as a Top Attorney by Los Angeles Magazine. Additionally, Mr. Armstrong was also named as a Top Attorney by the San Diego Business Journal in 2014.

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