How to Get Justice with the Help of a False Arrest Attorney
Having to go through an experience such as a false arrest can be shocking and upsetting. Often times, people who are victims in these situations may feel hesitant to press charges due to the fact that they are going up against a person who they consider to be an authority figure that merits their respect.
It’s an unfortunate fact that many police officers abuse their power and incur in false arrests. Having a false arrest attorney to guide you through a time as confusing as this one can be a source of great relief.
What is considered a false arrest?
It is often assumed that a false arrest only occurs when there is a lack of evidence or probable cause. But in reality, it also means that the law enforcement officer acted beyond the scope of his or her authority and powers. However, it is important to note that what needs to be proven varies according to the applicable law.
Usually, an individual must prove that the law enforcement officer in fact arrested him or her, the individual was harmed, and the officer’s conduct played a key role in the individual’s harm. Common examples of false arrest can include being detained solely on the basis of race and ethnicity when the person has not committed any crimes.
What can I do if I have suffered a false arrest?
If you’ve suffered a false arrest, the good news is that you have more than one option to get justice. One thing you can do is file a complaint with the police department, demanding that the officer be held accountable for the consequences of the false arrest. In this case, the officer can be suspended, or in more serious cases, be fired. They could also face criminal charges.
A second option is to file a lawsuit against the police department and the offending officer, which can be in a state or federal court. Filing a civil lawsuit allows you to sue for damages, such as loss of income, physical harm, or impact on reputation.
Another way is to request an injunction. Injunctions are essentially court orders that demand a party to do or cease a specific action. In the case of a false arrest, an injunction may demand that the police department modify their policies for arrests, retrain officers, or fire the offending officer.
And finally, you can request that any evidence found during the false arrest be thrown out by filing a motion to exclude evidence.
Hiring a false arrest attorney
Whatever the option you may choose when facing a false arrest, it is important that you talk about the details of your case with a false arrest attorney. Furthermore, you need to keep in mind that state laws may vary as to what needs to be proven in a false arrest case.
In California, you have all the options mentioned above if you’ve been wronged. All you need is a proven and experienced false arrest attorney in California that can put his or her knowledge at your disposal.
Remember that it is unacceptable to be deprived of your freedom in an unlawful and unjustifiable way, which is why you have every right to demand justice.
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.