Case lab Ricor Solicitors: Another case of success: Our client has just been declared innocent!!
Dear clients and readers,
I am proud to announce that we have won a few days ago a complex criminal case and we have achieved the acquittal of our English client. In a case where two police officers were off-duty in Benidorm, there were genuine issues of fact regarding whether they had probable cause to arrest our English client, who allegedly fought with them after they aggressively attacked his nephew in the middle of the street.
The facts occurred in 2013 in a very crowded street of Benidorm. Our client was having a few drinks in a well known “tapas” area, when suddenly two people dressing casual clothes, came out of a car and started shouting at our client and his family in the most aggressive way. Unfortunately, it just so happened that the two men were in fact two policemen off duty that afternoon. The two officers,- one senior and his young impulsive trainee-, claimed that they had only stopped the car after “someone” in the street threw something at their vehicle.
The situation went beyond control and ultimately our client as unlawfully arrested for disobedience to authority and injuries.
During the trial, it was proved that even though our arrested client resisted them, the officers used excessive force and subsequently, the police officers unlawfully interfered with our client’s liberty. Moreover, where powers are exercised arbitrarily and without justification, then they cannot be within the scope of an officer’s duty
We’ve won the case because although, it is true that a police officer can be of any rank and need not be in uniform in order to arrest someone, they should have made their authority known and alerted about their presence by using the flashing lights as well as the police siren, available in all police patrol cars. Remember that these are compulsory steps required prior to any kind of police intervention in Spain!
Therefore, due to the fact that the accusers failed to follow the police protocol, the Court accepted our plea and ruled that the two men were acting outside the scope of their employment for the city and subsequently they acted beyond the bounds of lawful authority.
So, what happens if you are arrested and you do not know or believe that a person is a police officer, like in our client’s case?
Always remember that if you do not genuinely believe that someone detaining you is a police officer and you resist the arrest, mistakenly believing it necessary to do so in order to defend yourself or a member of your family, the usual rules on self-defence will apply and, so long as your response is reasonable, you should be acquitted, like it has happened in our client’s case.
Therefore, should you ever need a reliable, 100% independent, honest and efficient English speaking Spanish solicitor, in order to assist you in any civil or criminal dispute in Spain, just make sure you bookmark this page, visit our website www.ricorabogados.com and like the Facebook link “https://www.facebook.com/ricorabogados”.
Also, please do not hesitate to contact us by e-mail at email@example.com
Thank you very much and we look forward to helping you!
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor&Abogado.