Being arrested by the police can be a deeply stressful and traumatising experience. Especially if your arrest has been mishandled, or you’ve been arrested without any reasonable grounds.
When police arrest a person in Australia they are strictly bound by a code of conduct and arrest procedures. Far too often Police misuse their power to arrest and detain people for minor infringements. Even when a suspect has committed more serious crimes police frequently fail to stick to the proper arresting rules and procedures, violating the rights of the person being arrested.
If you’ve been the subject of an incident where you feel the police haven’t had grounds to arrest or search you, or they’ve mishandled your arrest, you have the right to seek compensation.
Whyseek compensation
Being arrested can have a huge impact on an individual’s life. From damaging relationships with family and friends and risking your reputation, to costing you money in fines and lost income to sometimes even losing your job – the consequences of a wrongful arrest can be severe, to say the least.
Compensation helps rectify any financial damages you may have incurred and can also act as public recognition that you have been wrongfully arrested which in turn can help rebuild relationships and reputation.
Take the story of Steven Attalla for example. Mr Attalla was wrongfully arrested and illegally strip-searched in the early hours one morning in 2015. Mr Attalla was made to strip and squat in the depths of Kings Cross Police station in Sydney, without reasonable evidence to suggest that Mr Attalla was concealing anything illegal. The experience left him feeling rattled, vulnerable and angry.
With the help of the compensation experts at Marocchi Law Mr Attalla successfully sued the NSW Government and was awarded $112,000 in compensation in 2018.
As Mr Attalla commented at the time, “I know these types of experiences ruin people,” Mr Attalla said.
Marocchi Law can fight for you
Part of the reason many people don’t seek compensation is fear of judgement and intimidation by the legal system and the cost of launching legal action.
But with the right support, you can successfully hold the police accountable for their actions. Marocchi Law is specialists in Wrongful Arrest and Illegal Strip Search cases and has a long track record of successfully supporting victims through the process of lodging a claim.
Marocchi Law’s expert team can help you lodge a claim in situations where you’ve been:
● Arrested for possession when you carry a small amount of a prohibited drug
● Acquitted of an offence that was not properly investigated before you were arrested
● Arrested and released without being given bail conditions
● Called to the station for a “chat” and being arrested when you go there voluntarily
● Asked to present yourself to the station after an officer leaves a message for you
● Arrested for having an “attitude” and no other reason
● Arrested so that you can be interviewed or identified
● Arrested despite the police knowing who you are, where you live and where they could have Served a Court Attendance Notice instead
● Handled with excessive force during an otherwise lawful arrest
● Arrested since the police mistakenly thought they had a warrant for your arrest
● Arrested shortly after the incident, with no concern for the victims or witnesses
Not all arrests fall into these categories, so it’s essential you seek advice to see if you have a case of wrongful arrest, especially if you have been subject to a strip search.
Why it’s important to seek advice if you’ve been subject to a strip search
Unfortunately, Mr Attalla’s story is just one of a growing list of individuals including minors who have been subjected to degrading and illegal strip-searched. Most people are not aware of their rights when it comes to being handled and searched by the police, especially young people.
In 2019 a young man was aggressively manhandled in Kings Cross after police claimed to have seen what they called a drug transaction. However no such interaction actually occurred, and the claimant was subsequently illegally strip-searched. Marocchi Law once again stepped in to successfully support the victim.
Are you a victim?
Wrongful arrest and Illegal Strip searches are so common that NSW lawyers are preparing to launch a class-action law suit against the NSW police force. As an individual who has been arrested it’s important to understand that even if you are guilty of an offence you can still be the victim of wrongful arrest and illegal strip searches, which can have an impact on the outcome of your sentencing and conviction.
If you think you might have been the victim of an illegal arrest or strip search it’s important you seek advice so we can keep our police and government accountable, and ensure your rights are protected.
Our team here at Marocchi Law can guide you through the process and determine if you have a case to help you receive the compensation you rightfully deserve. Contact us today for a discrete conversation and to get your case started.
