False arrest is something most people see on TV shows and movies, meaning that the average person has little to no knowledge of their rights when it comes to an arrest by the police. While police have the authority to make arrest, there are rules they have to comply with. For example, the Constitution’s Fourth Amendment requires that police have either a warrant or probable cause to place someone under arrest.
When you are restrained and held against your will without legal justification, this is a case of false arrest. It may seem that you are powerless when a government agent places you under arrest. During and after the arrest, one or more officers may have used threats of excessive force and caused you to be injured. As a result, you may have grounds to sue the police and the agencies they work for and obtain the following damages:
- Current and future medical expenses
- Pain and suffering
- Emotional distress
- Lost wages
- Property damage
- Punitive damages
A lawyer specializing in false arrests is here to speak with you, so contact Normandie Law Firm at your earliest opportunity.
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Proving That You were Falsely Arrested
To succeed in a lawsuit for false arrest, imprisonment, assault, and other police misconduct, there are several elements you will need to prove:
- A law enforcement official placed you under arrest without a warrant, a valid warrant, or probable cause
- Due to the actions of the police or another law enforcement agency, you suffered bodily harm and emotional distress.
- You can show a direct link between the harm you suffered and the false arrest incident (and any other misconduct by the police).
Please note that probable cause involves two possible scenarios. Most commonly, the suspect commits a crime or some other legal offenses in front of the arresting officer. Or, there are circumstances where the officer has reasonable cause to suspect that someone has committed a criminal act.
Not All Arrest Warrants are Valid
We take it for granted that a warrant is valid when police show up to arrest someone or search a property. However, an arrest warrant may not be in compliance with the California Penal Code for one or more reasons. Here are some of the factors that can invalidate a warrant for arrest:
- The police make false statements to the judge for the issuance of a warrant, when the statements are crucial to the finding of probable cause
- If the issuing court is not explicitly shown on the warrant at the time of the arrest
- The reason for the arrest warrant being issued is not properly identified
- The criminal offense that justifies the arrest of the suspect is not stated clearly.
As you can see, warrants are governed by strict rules and regulations, and failure to meet these standards means that you have been wrongfully arrested.
What are My Rights if I was Falsely Arrested?
Under the legal system in California, a victim of false imprisonment can seek legal remedies through the civil court system. You can choose to file a lawsuit against the officer that violated your rights. Based on the circumstances, you may also have the option of suing the police department. If you are successful with your claim, you can receive compensation for your medical bills, lost income, psychological trauma, and more.
For a clear understanding of your rights and legal options, consult a lawyer with experience in suing for wrongful arrest by a police officer. Aside from monetary damages, your actions can lead to important changes, like termination of the offending officer, policy changes and improved training for the entire department.
False Arrest Attorneys in Los Angeles
Those living and working in Los Angeles know all too well that people in law enforcement can overstep their bounds and go beyond what they are legally allowed to do. At the end of the day, you have rights when it comes to an arrest, search and seizure, and other activities conducted by the police.
Remember that you should not be left to suffer the physical, emotional, and financial consequences of a false arrest. If you have been mistreated by the people who have sworn to serve and protect you, please get in touch with our team of California false arrest lawyers. We can help you go after the responsible parties and hold them accountable for the harm you suffered. For a free, confidential case review with one of our legal experts, give us a call at our office in Los Angeles.
Zero Fee Guarantee
Our commitment to wrongful arrest victims and their loved ones includes making legal services accessible, regardless of their finances. We promise to charge you $0 for the entire duration of your case, and instead, wait until your settlement is recovered before we seek legal fees. What happens if we fail to recover compensation on your behalf? You walk away debt-free, thanks to the Zero Fee Guarantee policy that covers you from day one. Simply contact us 24 hours a day, 7 days a week to learn more about this offer and all the other ways we can assist you here at Normandie Law Firm.
