Do I have a right to sue in the event of a false arrest?

False arrest also popularly known as wrongful arrest or false imprisonment happens when an individual is held against his/her will. Government officials working for law enforcement as well as private individuals can be guilty of this crime. Any victim of false arrest can sue for damages in a civil suit with the assistance of criminal defense lawyers.

Definition of False Arrest

When someone limits or restricts an individual’s freedom intentionally and wrongfully then that person commits a ‘false arrest’. False arrest and kidnapping are similar offenses but kidnapping is more serious than ‘false arrest’. This is because kidnapping is usually committed to harm the individual by demanding ransom and often with the intent of causing further bodily harm. False arrest is a lesser offense since malice is absent from the intention. American police do not kidnap anyone but false arrests do happen.

In countries like Cuba that have leaders that do not care about individual freedom they do this all the time and get away with it. It is amazing America has not taken out the top leaders and freed this country. But that is another story.

False Arrests by Police

People think that false arrest is committed when police arrests an individual without much evidence to back up their action. On rare occasions, some people are convicted of faulty police work and racism and spend years in prison because of it. Ruben “Hurricane” Carter knows all about this. Denzel portrayed him in a politically correct movie. The Hurricane was released in 1985.

Who knows how long it took Carter to obtain a legal professional. He may have had a public defender which comes with its own risks – they have about 60 cases on their plate. Al Gore said he invented the Internet but we all know this is ridiculous. Either way, the Internet was not around in the late 60s and mid-80s. If it was Carter and/or his family would have a much easier time securing outstanding legal help since Criminal-Defense.USAttorneys.com exists now for people in this same situation.

Law enforcement makes mistakes. Your freedom is an inalienable right. This is not Cuba. Contact us if you have any questions.

Furthermore, criminal defense attorneys say that this is not really what false arrest means. False arrest happens when the police make an arrest without proper authority. You could be falsely arrested for a DUI as well.

There are several instances when police have made arrests because they have sworn statements of witnesses. Legal experts say that you cannot bring a civil suit if they have a warrant from a judge validating their action.  But if a member of the police force arrests you just because you have insulted him/her, then you have a right to sue the police officer. If the officer can show no other reason for your arrest then he or she can be certainly in internal affair’s crosshairs.

False Arrest and Bad Arrest

The first example mentioned above is a typical case of bad arrest where the officers cannot be sued once the defendant is set free as long as there was a warrant. However, criminal defense lawyers believe the defendant is legally entitled to sue the individual who made the false statement under oath that led to the arrest. However, it is important to mention that the defendant must not resist arrest even when it is unlawful. Resisting arrest is a crime.

The second scenario discussed above is a powerful example of false arrest and you can sue the officer if you believe that the officer acted out of vendetta when you insulted him/her. Legal experts also proclaim that even when the officer is acting outside his or her jurisdiction you must never physically resist arrest. It is always better to take this battle to court afterwards.

Both private individuals as well as law enforcement officials can be sued. Private individuals can be sued for harm caused whereas law enforcement officials can be sued for violation of someone’s civil rights. However, if an off duty guard or a police officer detains you illegally you will not be able to bring a suit for violation of your civil rights. But there are other legal grounds under which you can sue.

If you have suffered emotional pain, humiliation, and/or bodily injury due to wrongful detention talk to a criminal defense lawyer immediately. You are entitled to receive compensation for the agony that you have suffered in captivity.