You May Have a Claim for False Arrest
It can be difficult to know whether or not you have a case for false arrest. The precursor in proving false arrest is showing that the police did not have probable cause. This, in itself, can be a difficult thing to prove. Here is a brief outline of false arrest to help you determine if you may have a case.
What Is False Arrest?
False arrest is specified by both state and federal statutes. You are considered to have been placed under false arrest if the person detaining you did so without probabe cause. If you are placed under arrest without having committed a crime, chances are high that you have a case for false arrest.
How Are People Protected from False Arrest?
Because false arrest is considered to be a type of false imprisonment, there are laws on the books to prevent it. Most states require that you have some type of injury, be it physical, emotional, or financial, to be able to file a false arrest claim. Under federal law, false arrest is a violation of your 4th Amendment rights.
Must the Arrest be for a Felony?
People often think that to claim false arrest, they must have been arrested for a very serious crime. The truth of the matter is this: If you are placed under arrest and did not commit a crime, you have been falsely arrested. It does not matter what the charge is.
There are three requirements to filing a false arrest claim.
1. The person arresting you must have claimed to be a police officer or to have had the authority to place you under arrest.
2. You must have held the belief that you were not free to leave.
3. The officer did not have probable cause to arrest you.
As you can see from the three requirements, there is no mention as to the level of the crime purportedly committed. You can claim false arrest for running a red light as easily as you can for murder. It is all in the situation.
If you believe that you have been falsely arrested, retain an attorney as soon as possible. He or she can fight for your rights in court.
If you have been arrested for any type of crime, our compassionate attorneys are here to fight for your rights in court. We will put our knowledge of criminal law to work for you as we stand by your side throughout the legal process. Call today for your free initial consultation.