Falsely Arrested? What You Need To Know

Posted on: 9 June 2020

You may be entitled to compensation if you can show that law enforcement failed to follow the rules when arresting you. Be forewarned that law enforcement personnel can enjoy certain protections from lawsuits, but that does not mean you cannot take action and win your case. To find out what you need to know about seeking compensation for wrongdoing from law enforcement personnel, read on.

Arrests Must Be Legal

Most ordinary citizens never think twice about being arrested and that can lead to some unfortunate circumstances. There are rules law enforcement has to follow before they can make an arrest, and there is more than one way to bring about an arrest. Law enforcement must have a good reason to make an arrest and often they do. Unfortunately, you may still be arrested and you may even be convicted of a crime simply because you didn't try to challenge things.

By far the most well-known way to get arrested is at the scene of the (alleged) crime. This can include situations of trespassing, civil disobedience, roadside stops, and domestic violence. These arrests are based on observations by law enforcement. The other way some are arrested is with arrest warrants. A bench warrant may be issued by a judge when a subject fails to appear for a court hearing, for example. In addition, some arrests only occur after months of investigations and careful planning. In that case, an arrest affidavit is prepared and the warren is issued by a judge.

False Arrests and Legal Matters

All personal injury matters have to meet certain guidelines – known as elements – to be valid or you won't have much luck in court. Here is a summary of what has to be satisfied for the elements of a false arrest case:

  1. A valid reason existed for law enforcement to make the arrest. If challenged, law enforcement must show that reasonable cause existed. They don't have to get it right 100% of the time but they should be able to back up their actions. For example, if you looked very similar and drove a vehicle very similar to someone else and failed to show identification, that might be considered reasonable cause. All mistakes are not necessarily grounds for a lawsuit.
  2. The arrest brought about negative issues for you. To be paid for a personal injury, you have to show that harm was done. That might be harm to your reputation, your health, your career, etc. Be prepared to show all the ways the arrest harmed you.
  3. Your charges got dropped or you were found innocent in court of the charges.

Speak to a personal injury lawyer and let them evaluate your case.