When to Hire a False Arrest Attorney
If you’ve been the victim of a false arrest, it’s best to hire a false arrest attorney, as you have the power to sue for damages in a civil lawsuit.
Having a police officer wrongfully detain you or take you into custody without probable cause can be a scary situation. When this happens, you’re facing a false arrest, which is considered a crime and civil harm.
Statistics show that in states like California, these kinds of arrests are unfortunately not all that uncommon. If this is the case for you or someone you know, finding a false arrest attorney in California, or “civil rights attorney” as they are more commonly called, can improve the chances of successfully suing for damages, given that your counsel will be familiar with the applicable state law.
What does false arrest mean?
Whenever your freedom is compromised by a police officer or private citizen in the form of unlawful restraint (without the victim’s consent), we are talking about a false arrest. In the event of a false arrest, the victim can sue the police officer in question for monetary charges or file a complaint against the police officer and his department.
No police officer is entitled to arrest someone without probable cause or a warrant. If you were arrested without a warrant, the police officer must explain the probable cause in a report, to the jail, and ultimately to a court. Unless the officer can prove the following, the arrest was most likely unlawful:
- You, as a suspect, commit a crime while the police officer is present; or
- The officer handling the case had probable cause that proves the suspect committed a crime.
When can I pursue monetary compensation?
Victims of false arrests have the right to file for a personal injury claim if they suffered any kind of physical or psychological injury.
If you have experienced a false arrest and suffer from the resulting damages, you may be entitled to compensation if:
- Your injury resulted in high medical bills
- The false arrest resulted in severe psychological trauma
- The situation made you miss work and therefore lose wages
To get monetary compensation, you should hire a professional attorney that can gather evidence on the police officer’s unlawful arrest.
How can a false arrest attorney help me?
A false arrest – civil rights – attorney will be your best advocate and will help you to take whatever action necessary so that you get proper compensation for the pain and suffering you endured.
Your false arrest attorney can recommend legal action in the form of complaints, or a lawsuit that demands an injunction or monetary damages. Also, when you have specialized legal aid, you can rest assured that your lawyer will handle the case according to the applicable state law that defines a false arrest.
The repercussions of a false arrest and the civil prosecution of a police officer can be challenging. That’s why a civil rights attorney is the best way for you to get the justice you deserve.
Your lawyer can help you navigate the ins and outs regarding complaints or lawsuits, where the police officer responsible for the false arrest could get suspended or fired.
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.