CRIMINAL LAW

UNLAWFUL DETAINMENT AND ARREST

UNLAWFUL ARREST

When a person is arrested, the police and the prosecutors need to follow a certain procedure, irrespective of the guilt or perceived guilt of someone.  Should proper procedure not be followed, the person who was arrested may have a claim against the state for unlawful arrest.

 

UNLAWFUL DETAINMENT

Unlawful detainment goes hand in hand with unlawful arrest.  If an arrest has been unlawful, any duration that a person spends in custody results in unlawful detainment.  In consideration of unlawful detainment, a claim can be made against the state for damages suffered, which includes loss of income, legal expenses and general damages for the mere fact that the person’s liberty has been deprived.

Unlawful detainment can however also result from the police’s failure to take the person timeously to court for a bail application.

Our firm will provide a free consultation for any unlawful arrest and or detainment consultation, and will, if there are merits, and the person cannot afford legal representation, be willing to take the case on a contingency (no-win-no-fee) basis.

© 2018 Anton Swart Attorneys Inc

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Clubview, Centurion.