What should I do when Indian police tries to arrest me under a false pretext?
Well, first thing would be that Do not resist arrest. Don't become violent, don't hurl abuses at them, or threaten in any manner ... all these are valid reasons to arrest somebody. Hence, even if they didn't have a reason earlier, now they do.And please don't give even an hint that you are a flight risk, because then they not only have a reasonable suspicion to arrest you, they then have a right to hurl you on floor, and tie you up (including handcuffs), and parade you around your neighbours like you are a prized trophy they have earned. Hence, appear dignified, and respectable, like somebody whom they have to reason to arrest, not fight and overpower to arrest.1. Demand a Warrant, or a probable cause: You can only be arrested for two reasons: Either they have caught you 'red-handed' doing a crime (like stealing from someone), or if they have a warrant. If it is first, try showing that what you are doing was not a crime, or that maybe someone else did it. If it is second, either he would have a warrant, or he wouldn't. If he doesn't have the warrant, try arguing that you cannot be arrested without one.2. Ask them to read your rights: Even though it is a general understanding that most cops are too uneducated and stupid to even read a letter of Indian Constitution, they are well trained and well-versed in all of IPC and CrPC. Hence, if you ask your rights in a calm and dignified manner, he'll realise that you are not an ignorant idiot whom he can treat like a personal toerag, and at this point, you may also point out flaws in his arresting procedure. All this can intimidate even a seasoned policeman, because people in India are usually unaware of their rights under the CrPC and the Constitution, and nobody knows them, much less ask for them. That can drive away any illegal attempt to arrest you.3. Criminal Prosecution later (or threat of the same): But as much as we know the Law, and the Constitution, Police brutality, illegal detention and torture are such common things here that newspapers have stopped writing news reports about them, and people have accepted them as one of those 'Chalta hai' things which go unnoticed and uncompensated. So, your best weapon is Yourself, don't let the rascals walk away. If you have suffered police brutality, illegal detentions, and your human and fundamental rights have been taken away from you by the states, file a criminal case against the erring official, and sue the state for compensations.
Wrongful Arrest and Unnecessary Use of Force?
present. They told me I only have a right to attorney during questioning and that they weren't doing that. So, when they asked me for my social security number I demanded my attorney present again. They denied my right to attorney and said I refused to give them the information. They took me downtown and I was detained just under 24 hours in jail. I appeared in court and on top of the battery on police officers they are charging me with obstructing a police officer (they said I denied to give them information but I was demanding my attorney was present). My options were to plead guilty or no contest for 3 years probation and up to $1,000 dollar fine or 30 days community service with a maximum sentence of 3 years in prison. Of course I pleaded not guilty seeing how I believe I'm innocent and I don't want this on my record (I don't know how it will effect my eligibility to qualify for federal student aid which is how I'm going to pay for more classes at my community college)
Can we sue to collect costs of arrest if case gets dismissed by court?
you can sue for wrongful arrest...get a good attorney and you can win big :)
How do I prove that plea bargaining in exchange for testimony is NOT UNJUST?
I can give you at least one argument. In our system of justice, the defense attorney gets to confront and cross examine each and every witness (the defendant having the right, under the 6th Amendment to confront the witnesses against him/her). The fact that a person got a deal in exchange for their testimony is information a good defense attorney SHOULD and WILL cross examine the witness about. As such, it is not unjust for them to be able to plea bargain in exchange for their testimony. The prosecution is required to turn the information about the deal over to defense counsel, and defense counsel gets to use it to impeach the witness's testimony. As a defense attorney, I actually like having a witness on the stand, who got a good deal in exchange for their testimony. A defense attorney can use that information to make the witness look like the biggest liar on the face of the earth.
Do cops get reprimanded for arresting innocent people?
I think if you asked the question. “If you make a mistake in your job would you get reprimanded?” Well that is exactly the same for the woman who is a police officer as the bloke who makes and sells your local pizza. In one case an innocent person is arrested, second example somebody dies or is seriously ill from food poisoning!Of course we all make mistakes and when that mistake is investigated, it will depend upon the mistake and its consequences. but was there an honest belief (though wrong) that a police officer acted upon, the police act upon high stakes and mistakes can be hard for an innocent party.If anybody acts through malice, mischief or discrimination, no matter what their job, they would be reprimanded, probably dismissed. However a genuine mistake is different. the employee might be reprimanded but retraining might be the outcome.The big problem here is that there are so many who feel that as long as it is them committing crimes, the police are acting wrongly when they are arrested and only other “criminals” should be arrested. Their crime, if it gets you arrested must mean the police made a mistake.The big thing here is that in most Countries their are courts which will put right the mistake made by an officer or the pizza seller. Well, as far as it can be put right!There is of course a number of people who do not like authority or being challenged for their illegal behaviour and they are usually the very ones, causing trouble for the rest of us, who will be shouting about police wrongdoing, Perhaps they are the ones who ought to take a look at themselves and ask “ Why shouldn’t the police arrest people who commit crimes, without worrying about miscreants complaining about them”
How can a warrant be issued for someone arrest based on word of mouth, false accusations or "he said she said" for crimimal charges without being investigated in Georgia?
Ignoring the Georgia part, as this is a problem all over, it is the way the criminal justice system works. A warrant just demands a person be brought before a judge. It does not prove a crime. The accused is arraigned before a judge and told the charges. If later, which it's investigated, the case falls apart because the accuser does not have or give enough information, the matter is done. The accuser may face charges of filing a false report.The police cannot immediately investigate every case prior to bringing the person before a judge, especially if the alleged victim is in danger or the accused may flee or destroy incriminating evidence. They do what they can. They are strapped between those who think they don't do enough and those who think they do too much. A warrant does nothing more than give everyone a chance to have their side heard, and may protect a victim from further harm. A person who uses the court system vindictively will find themselves facing severe penalties for lying.