Take Action After A False Arrest And Be Paid Money Damages
Actions by law enforcement are not always just or legal. They do make mistakes from time to time and the results of that mistake can be devastating for those suffering from the embarrassment of an arrest and other damages. You can sue law enforcement for false arrest as long as the situation meets the guidelines. Read on to find out more.
Not a Criminal Matter
When you take action against a law enforcement officer or the police department, it's considered a civil matter as opposed to a criminal matter. Your arrest, however, was definitely a criminal matter and you could now be paying the price of that criminal conviction. In some cases, criminal and civil matters cross paths and a case of a false arrest is one of these cases.
Arrests Are Governed By Laws
In the US, law enforcement has to follow a strict set of rules when it comes to making an arrest. They have to be able to show that they had a good reason to stop and question someone about a criminal matter, for instance. Arrests can be made using a warrant, by a bench warrant, by telephone, or on the spot. Let's look at those issues in more detail:
- Warrants are issued by a judge after law enforcement requests the warrant using an affidavit explaining the reasons.
- Bench warrants are usually issued in a courtroom setting because of a defendant not appearing when ordered.
- Telephonic warrants are issued in emergency situations when a life is in danger or in other situations in which quick actions are needed.
- Most arrests occur on the spot after law enforcement has observed an alleged criminal act. This may be the way your false arrest occurred.
How to Be Compensated
Proving false arrest is possible under certain circumstances. Cases of false arrests don't happen very often but they still happen to innocent people. The word innocent is a key part of the false arrest issue. To take action and be compensated after an arrest, your situation must fall into one of two categories:
- Your charges were dropped or dismissed.
- You were found innocent of the charges after a trial.
If your arrest met one of the above, contact a personal injury lawyer about your case, You can be compensated for several categories of harm such as public embarrassment, loss of financial assets, harm to a business or career relationship, harm to personal relationships, and more.