Al Madani & Co. Law Firm & Legal Consultants

How Can an Innocent Person Face Serious Criminal Charges? Steps to Protect Your Rights and the Role of a Skilled Legal Team in Achieving Justice

These were the pressing questions faced by “A,” a 50-year-old British national, when he found himself in a precarious situation on a serene morning in Riyadh. With no criminal record and a spotless reputation, “A” had lived a quiet life in Saudi Arabia, working as a teacher for over a decade and earning respect for his good conduct and adherence to rules.

The Beginning: An Unexpected Stop

On a calm morning around 6:30 a.m., as “A” was heading home after spending the night with friends, he found himself in an unexpected situation. Riding in a friend’s car, he was stopped by a patrol from the Diplomatic Security Forces conducting identity checks. With his phone battery dead, “A” was unable to access the Tawakkalna app to prove his identity. He attempted to explain the situation, clarifying that his ID was on his phone, which required charging, but his pleas were met with resistance.

Escalation and Confrontation

The situation quickly escalated when “A” requested to go to his nearby home to retrieve identification. The officers opted to use physical restraint, which led to “A” resisting and engaging in a verbal altercation. The matter worsened when it was alleged that “A” threatened the officers with harm while resisting. During the struggle, “A” sustained minor injuries—a scratch on his left index finger, redness on his knuckles, and a bruise on his upper left arm. He was taken to the hospital for treatment before being transferred to the Diplomatic Quarter Police Station.

Compounding the issue, “A” spoke no Arabic, and the officers communicated only in Arabic. This language barrier left him unable to understand the situation or assert his rights. Although “A” requested an interpreter, this request was disregarded.

The Allegations and Evidence

At the police station, “A” faced multiple charges, including public intoxication, verbal abuse, resisting law enforcement, and issuing threats. Evidence against him included a claim of an unpleasant smell resembling alcohol on his breath.

The police conducted a “smell test,” alleging it confirmed intoxication—an offense prohibited under Saudi law and Islamic principles. The officers further testified that “A” appeared to be in an abnormal state, resisted arrest, and caused a disturbance by striking the vehicle barrier with his hands, resulting in minor injuries to himself. However, both officers confirmed they sustained no injuries and did not pursue personal claims.

Additionally, a medical report noted bruises and scratches on “A,” with an expected recovery time of less than 21 days. Crucially, “A,” unfamiliar with Saudi legal procedures and lacking an interpreter, signed the police report written in Arabic, unaware of its contents.

The Legal Defense: Unveiling the Truth

Our legal team meticulously reviewed the evidence and circumstances, establishing the following points:

1. Unlawful Stop: “A” was not in a suspicious location or exhibiting suspicious behavior. The forcible restraint was unwarranted.
2. Lack of Interpretation: “A,” a non-Arabic speaker, was not provided with an interpreter, denying him the opportunity to understand or defend himself adequately. His signature on the Arabic report was uninformed.
3. Inconclusive Evidence of Intoxication: The alleged unpleasant odor cannot serve as conclusive evidence of alcohol consumption, as reaffirmed by precedents from the Court of Appeals.
4. No Injuries to Officers: The officers admitted to sustaining no injuries, undermining the charge of resisting law enforcement. Their decision not to pursue personal claims further weakens this allegation.
5. Good Conduct and Clean Record: “A” had no prior offenses and was known for his exemplary behavior during his long residency in the Kingdom.

Verdict and Appeal

In the Court of First Instance, “A” was convicted of resisting law enforcement and intoxication, receiving a sentence of 20 days in jail. However, our team promptly filed an appeal. The Appellate Court overturned the initial ruling, reducing the sentence to 10 days and dismissing the charges of intoxication and resistance.

Our Achievements in the Case

• Swift Release: Recognizing the importance of our client’s freedom, we secured “A”’s release within 24 hours of his detention.
• Dismissal of Severe Charges: We successfully defended against allegations of verbal abuse and issuing threats.
• Sentence Reduction: Instead of facing up to 10 years in prison, “A” served only 10 days.

Practical Advice for Similar Situations

If you ever find yourself in a comparable situation, here are some essential tips:
1. Request an Interpreter: Insist on having an interpreter present if you do not speak the language.
2. Avoid Signing Documents Unread: Never sign a document you cannot read or understand.
3. Remain Calm: Cooperate peacefully with authorities to avoid escalation.
4. Seek Specialized Legal Assistance: Engage a legal expert familiar with local laws to safeguard your rights and provide effective defense.

At AlMadani & Co., we take pride in achieving justice for our clients, no matter how challenging the circumstances. Our expertise in criminal defense ensures that your rights are protected, and your case is handled with the utmost professionalism.
If you are facing legal challenges or need expert legal advice, do not hesitate to contact us. We are here to help you reclaim your rights and achieve the justice you deserve.