False arrest is when a person is
unlawfully held, arrested, or confined against his or her will, which is a
crime. According to criminal defense lawyers, false arrest is also known as
wrongful arrest or false imprisonment. This crime may be committed by any
person and even a law enforcement officer.
This
is not Cuba!
The victim of a false arrest has all the
rights to go ahead and file a civil lawsuit against the person that falsely
arrested him/her and claim damages accordingly. If you or anyone you know were
held against your will without any justifiable reason then you ought to consult
a criminal defense attorney. Depending on several factors, you may be entitled
to compensation for this injustice.
This compensation will not just sprout
from your garden. This compensation will not just be delivered to you via UPS without
you doing anything. This compensation will not just found on your doorstep one
day without you making one single phone call. You need to go right here to find the legal help that can be
that difference maker in life.
What
exactly is a false arrest?
When someone deliberately and wrongfully
takes away another person’s personal freedoms without their permission, it is
said to a false arrest or wrongful arrest.
Kidnapping is similar to a false arrest
since kidnapping also basically involves holding a person unlawfully captive
against his or her will. However, kidnapping is a separate crime by itself
since the kidnapper also intends on causing harm to the person being held.
Besides, legislation in several states mandate that kidnapping should also
constitute the victim being moved from one location to another forcefully in
addition to being held against his/her will.
False
Arrests made by Law Enforcement Officers
It is generally taken for granted that a
police officer commits the crime of a false arrest when the officer places a
person under arrest without sufficient evidence or cause to do so. However,
this is not entirely true. Criminal defense lawyers have confirmed that in
order for a law enforcement officer to have committed a false arrest, he or she
must have acted beyond the scope of their powers and outside their authority.
To make things more clear, here is an
example of what does not qualify as a false arrest.
Let’s assume a person named John was
arrested by a law enforcement officer based on the verbal testimony of a person
named Jack. However, it later transpires in court that the statement made by
Jack was false or a lie. This does not mean that the arresting officer committed
a false arrest because at the time of arrest the officer had enough
suspicion/reason to go ahead with the arrest.
Now here is a hypothetical situation
which does qualify as a false arrest.
Let us consider a fabricated situation
in which John did something legal but not to a police officer’s taste (like
insult an officer – which is not illegal unless you make racist comments and so
on) and the officer reacted by arresting John even though there was no other
reason to do so.
This is something that typically
qualifies as a false arrest. According to criminal defense lawyers, the officer
is acting outside his authority and beyond the scope of his powers when he
makes such an arrest. To learn more about your rights following a false arrest make
sure to seek outstanding and pivotal legal counsel.
There are wonderful litigators out there.
There are lawyers out there that know the law as good or as better than the
police. If your rights are stepped on, you have salvation. It comes in the form
of a website: https://usattorneys.com/.
Using this site you can find the legal help that you require.
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