how to find a lawyer to sue for wrongful arrest search

Wrongful arrests happen more often than they should. If you believe you or a loved one have been wrongfully arrested for a crime and are looking to sue for damages, an experienced criminal defense attorney can help guide you through the process. Call me today at 305-442-0200 to see if your case has grounds to file a lawsuit.

Full Answer

Can I sue the police for a false arrest?

Wrongful arrest is an abuse of power. The states vests law enforcement officers with tremendous authority. They are given a badge, and a gun, and the legal authority to arrest people on the street. But with this authority comes the responsibility to respect its limits. This is why all law enforcement officers take an oath to uphold the law and ...

What should I do if I’m arrested for a wrongful arrest?

False arrest is a crime and a civil harm, enabling the victim to sue for damages in a civil lawsuit. What Constitutes a "False Arrest?" Someone who intentionally and wrongfully limits or restricts another person's personal freedoms, against the victim's consent, commits the crime of false arrest or false imprisonment.

How do I file a lawsuit against a police department?

May 23, 2018 · Wrongful arrest and malicious prosecution lawsuits are very difficult to win, in part because police and prosecutors are granted a certain amount of legal immunity when it comes to their jobs. This immunity is balanced with a person's constitutional rights, to be sure, but often an improper motive or bad faith can't trump prosecutorial immunity.

Can I sue for wrongful arrest or incarceration?

Dec 23, 2019 · A wrongful arrest can destroy your reputation, render you unable to find employment, or even cause you to be ostracized from your community. This is especially true where the crime is especially heinous (e.g, murder or child sexual abuse) or highly publicized.

What are some examples of false imprisonment?

Examples of false imprisonment may include:A person locking another person in a room without their permission.A person grabbing onto another person without their consent, and holding them so that they cannot leave.More items...•Nov 12, 2019

Can you sue for false arrest in Texas?

Both police and private citizens can be held liable for making a false arrest. Police can be sued for monetary damages by the victim in a civil rights lawsuit. When police have illegally arrested someone, the victim can also file a complaint with the police department.

Can you sue for false arrest?

A common question if you are arrested for a Crime you did not commit is 'Can I sue the police for Wrongful Arrest? ' Yes, you can sue police for wrongful arrest if they do not follow strict guidelines on how you should be treated. We are often involved in challenging the Police's decision to arrest.

Can you claim for wrongful arrest?

The answer is yes. You may also be eligible for a false imprisonment compensation claim. Of all the complaints against the police that are possible, an unlawful arrest is one of the most common.

What Constitutes A “False Arrest?”

Someone who intentionally and wrongfully limits or restricts another person’s personal freedoms, against the victim’s consent, commits the crime of...

False Arrest Committed by The Police

When most people think about the police committing false arrest, they think it refers to an arrest that was not supported by evidence. But this is...

Responses to False Arrests and Bad Arrests: A Big Difference

In the first example just above, the police arrested a person on a warrant issued as a result of fabricated statements. In legal lingo, this is kno...

False Arrest Committed by Private Persons

A private person, such as a private security guard, can also commit the crime of false arrest. Someone who restrains someone else, without that per...

Civil Damages For False Arrest

People who have valid claims of false arrest may also bring a civil lawsuit against the person who restrained them. Their argument is that they hav...

What to do if you are arrested without a basis?

If you believe you've been detained or arrested without a basis (or if you believe the police are acting outside their proper authority), you need to speak to a local criminal defense attorney as soon as possible. You should never make any statements or file a complaint with police or investigators until you've had a chance to speak to an attorney. If you believe your rights have been violated, or you need someone to represent you against criminal charges, a local attorney who has experience representing clients in local courtrooms is the only person you should talk to for legal advice.

What is false arrest?

False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority. False arrest is a crime and a civil harm, enabling ...

Can a defendant sue the police for unlawful arrest?

The released defendant can't sue the police for unlawful arrest, but the person making the false statements might be arrested for making false statements, swearing a false oath, or even false imprisonment. Also, the released defendant might be able to sue that person for any harm suffered as a result of the arrest.

Can you resist arrest?

For this reason and others, most criminal defense attorneys counsel never to physically resist an arrest. It's very risky to resist arrest, and doing so can easily result in your being harmed, arrested, and jailed, even if you are certain you are right.

Can you sue someone for false arrest?

People who have valid claims of false arrest may also bring a civil lawsuit against the person who restrained them. Their argument is that they have been harmed, just as people who are victims of a car accident have been harmed. The harm can include the humiliation of being restrained, any physical consequences, and even consequences to the victim's reputation.

What is Section 1983?

When people claim that a member of law enforcement has falsely arrested them, they sometimes file a complaint alleging a violation of their civil rights. These civil rights lawsuits are known as "Section 1983" suits because they are named after the federal law, United States Code Section 1983, which authorizes them. These lawsuits are brought in federal district court.

Is false imprisonment the same as kidnapping?

Because false imprisonment involves the same basic actions as kidnapping, but without the more serious intentions, it's known as a " lesser included offense " of kidnapping.

What is wrongful arrest?

Essentially, a wrongful arrest is any arrest based on false or illegal pretenses. For example, someone can be wrongfully arrested if they are detained and/or held by another party who lacks the legal right to arrest them. Or, they can be arrested without evidence and/or on the basis of false information. Forms of wrongful arrest may include the ...

What is it called when an officer submits false information in order to convince a judge to sign a warrant?

An officer who submits false information in order to convince a judge to sign a warrant is committing a felony. If an associated arrest occurs, that arrest is also considered wrongful.

What happens if the police don't read Miranda rights?

If this doesn’t happen, the arrest is considered wrongful and the case may even be thrown out.

Can you resist arrest?

Although there is a common misconception that no one has the right to arrest at any time, you can, in fact, resist arrest if you have been wrongfully arrested. The best way to do this is to directly inform the officer that the arrest is wrongful and that you intend to peacefully resist for that reason. Be cautious about how you present yourself ...

Is it illegal to arrest someone without probable cause?

Arresting someone without cause. It is illegal to arrest an American citizen without probable cause (suspicion of a crime committed). Furthermore, the “evidence” must be strong or obvious enough to justify the arrest.

Miami Teen Suing After Serving Time Due To Wrongful Arrest

According to the Miami Herald, “A South Florida teenager once accused of murdering a rabbi in a botched robbery has filed a wrongful arrest lawsuit, claiming that authorities jailed him despite having evidence proving him innocent.” Deandre Charles, 18, spent close to a year in jail before the case and charges against him were dropped.

How You Can Sue After A Wrongful Arrest

The Fourth and Fourteenth Amendments in the United States Constitution protect citizens from issues like wrongful arrests.

How To Get Help

Wrongful arrests happen more often than they should. If you believe you or a loved one have been wrongfully arrested for a crime and are looking to sue for damages, an experienced criminal defense attorney can help guide you through the process. Call me today at (305) 442-0200 to see if your case has grounds to file a lawsuit.

What is false arrest?

A false arrest, sometimes called unlawful detainment, is the act of confining someone without probable cause or legal justification. In the case of police officers, probable cause is present when they observe evidence that a crime has been committed, or when they have been issued a warrant in connection with an ongoing investigation.

What is probable cause?

Probable cause is a reasonable belief that a crime has occurred, and that the person detained has committed the crime. This is established by the police officer’s observations, circumstantial evidence, or through other evidence collected.

How to be successful in a lawsuit against the police?

In order to be successful in a lawsuit against the police, it is important that you have taken to protect your rights in court. First, save any evidence of police misconduct. This might include photographs or video, eyewitness testimony, or medical records if you suffered physical injuries.

What happens if you sue the police?

If you are successful in a lawsuit against the police and prevail at trial the available damages depend on the circumstances of the case: Economic Damages: if the court found that the police were guilty of misconduct, the plaintiff might be awarded economic damages to compensate for financial losses.

What is excessive force?

Excessive Force: Where a person has been the victim of excessive force by a police officer that resulted in serious injury or death, they have grounds for a lawsuit against the police.

What is the difference between harassment and discrimination?

Harassment can include a variety of behavior on the part of the police, including illegally spying or surveilling, racial profiling, or making sexist, racist, or homophobic comments. Discrimination: Like harassment, there must be proof that the behavior is part of a pattern. Discrimination might be on the basis of race, ethnicity, gender, sex, ...

What is the 4th amendment?

Fourth Amendment Violation: The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures at the hands of the government. The police are considered agents of the government and are required to adhere to the protections in the Fourth Amendment.

What is government immunity?

Governmental immunity is a policy that protects governments and government agencies from lawsuits in many cases. The intent behind governmental immunity is to make it easier for governments to make decisions and take action without the fear of being sued for their conduct.

What is the immunity of a police officer?

Qualified immunity means that police officers are protected from being sued as long as they are acting within the guidelines of their job and not acting negligently or unreasonably.

What is a false arrest lawsuit?

False arrest lawsuits generally target the arresting officer, the police department, or even the township. For the most part, the lawsuit in these cases covers damages brought by mental distress and embarrassment. Other damages can include: Wages that you lost during the time of arrest. Any damages to your reputation.

What is false arrest?

False arrest is an unlawful arrest made without a warrant or probable cause. Both the Fourth and the Fourteenth Amendments of the U.S. Constitution were designed to protect citizens against this abuse of power. As such, if you were falsely arrested, you can file a lawsuit under 42 U.S. Code § 1983. In Colorado, false imprisonment is ...

What is an arrest warrant?

Arresting a person due to incompetence, malice, or for personal gain. Arresting a person with an arrest warrant that the police officer obtained by submitting false evidence to the court.

Can you sue for false arrest?

It is very important to note that if you plead guilty to a crime and then later found out that you had been wrongly arrested, the court can legally throw out your lawsuit and you cannot sue for damages. Furthermore, false arrest cases can be highly complex, especially if the defendant is a police department or township.

Can you sue a police officer for false arrest?

A person who is arrested without probable cause can bring a civil action against the officer under 42 USC § 1983 for false arrest. The critical issue in this type of lawsuit, however, is the absence of probable cause. If the police officer did not have probable cause to arrest you, you may have a claim. Potential compensation in a false arrest case.

What happens if you sue the police?

If you sue the police for misconduct and win, you may be awarded damages, or monetary compensation, as restitution for the violation of your civil rights and any physical or emotional injuries. The court may also require the police officers and police department involved to pay punitive damages, which is meant as punishment for the misconduct.

What is false arrest?

False arrest claims usually assert that the victim’s Fourth Amendment right against unreasonable seizure was violated. To prove such a violation, the victim must show that the police did not have probable cause, or sufficient evidence to warrant an arrest. If the police had probable cause, or believed that they had probable cause, ...

What is the law that protects citizens from abuse and other violations by government officials?

Federal and state laws protect citizens from abuse and other violations by government officials, such as police officers. Victims of abuse by police can sue the officers individually as well as the local governments that employ them. Typically, people sue the police under Section 1983 of the Civil Rights Act of 1871. This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution.

What is police misconduct?

The police abuses and violations suffered by citizens that are most often litigated are known generally as police misconduct. These cases usually involve, but are not limited to, actions such as discrimination, harassment, false arrest, and excessive force. In order to sue the police for discrimination or harassment, ...

Why is it important to work with an attorney?

It is important to work with an attorney, especially one who is familiar with police misconduct cases, because they are complex and difficult to try in court. Also, if you have been charged with a crime as part of the incident; oftentimes, police will charge victims of their misconduct with a crime, such as resisting arrest or assault, ...

What is Section 1983?

This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution. The police also enjoy legal protections, including “qualified immunity,” which generally insulates them from lawsuits.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...