Wrongful Arrest

[FF68]

Imagine this scenario:

Lets just say for example the Police came to your house, humiliated you in front of your neighbours, arrested you on a spurious alleged Public Order offence by a dumb shit power-mad copper, banged you up for 24 hours and didn't even question you for 17 hours, then released you without charge on unconditional bail and told you to come back to the station 3 months later, what would you do?

1) Would you sue the pants off them for wrongful arrest and seek compensation/damages if they couldn't charge you with anything?

2) Would you let them off, forget about it, and let them get away with what they did to you?
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Honda H100s. Aprilia RS125. Honda CBR600RR. Aprilia RSVR1000.

[The Artist]

If the situation is as I imagine it was and I was in your shoes, I would probably take a long hard think about whether I was being a bit of a twat and get on with life, trying to be a bit less of a twat.

[Easy-X]

Didn't you already ask this:

https://www.bikechatforums.com/viewtopic.php?t=337223

Or is it a new incident?
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Royal Enfield Continental GT 535, Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[MarJay]

You want us to agree with that course of action, but the police have vast legal resources, look after their own and tend to get away with stuff like this. If you were wrongly accused and ended up with a custodial sentence I might be saying a different thing, but you did not. Chalk it up to experience. I know the red mist is there, and the blood is up etc, but honestly? it's not worth it. Any payout you get will probably just go to legal fees, and that is unlikely as it is, and it may well just put you on the police radar for future interactions.

Just forget about it. I know it's easy to type but from my standpoint here it's the right thing to do.
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British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[FF68]

[to v or not to v]

go all Charles Bronson on their arses.
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current bike Yamaha Thunderace.
Moto Guzzi V7.

[Ste]

What does your solicitor say about it?

[FF68]

[Ste]

Why do you need to wait a few weeks?

[FF68]

[stinkwheel]

As I said last time. You're still on bail, they could yet charge you. At which point you'd have to be found not guilty for it to be wrongful arrest.

I'd bet folding money they'll get you back in on the 3 month date and offer you a choice of either accepting a formal caution and fixed penalty or going to court. They aren't going to get you into the police station and say "We were wrong, sorry for the inconvenience." because no copper ever admits to being wrong, they double down.

So then you'd have to go to court and be found not guilty in order to make any moves towards wrongful arrest. Want to bet on how that'll go? Your word against a dumb shit power-mad coppers version of events? (I presume you're in England where there's no such word a corroboration).

Of course, what they are actually hoping is that you don't turn up to the bail appointment, at which point they don't even need to worry about whatever the original offence was. They just put out a warrant for your arrest, bang you up for breaking the conditions of your bail and have you in front of the beak the next morning.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Ste]

Yes I understand what bail is.

Why are you not seeking advice from solicitors? There's no advantage in putting it off until the last minute.

Have you found a solicitor yet to represent you on the charges that you're on bail for?

[stinkwheel]

[FF68]

[FF68]

[Ste]

[FF68]

[Ste]

I'm intrigued, how did you choose a solicitor to represent you without discussing the case with them?

[Raffles]

Without going into too much detail, can you give us some particulars about the alleged incident?
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A good loser will always be a loser.

[FF68]

[Ste]

That's the duty solicitor and their job is to get you released from custody. They didn't choose you and you didn't choose them.

It might be by sheer chance that whoever happened to be the duty solicitor at the time you were in custody already has expertise in whatever specific area of law it is that led up to your arrest or it might be that there are other solicitors who are better suited to your case.

Legal aid for criminal cases is means tested other than when someone is at a police station under arrest.

It's entirely your choice whether or not you take an active interest in choosing which solicitor is fighting your corner. If you're wanting to explore the possibilities of going down the road of accusing the police of wrongful arrest then that's certainly something which could influence your choice of who represents you.

tl;dr get legal advice from the best criminal defence solicitor you can find. It's your future so do as you will with it.

[to v or not to v]

Ste you sound like an experienced criminal
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current bike Yamaha Thunderace.
Moto Guzzi V7.

[FF68]

[FF68]

[Ste]