Innocent But Arrested: We Fight for Your Freedom and Rights
False arrest happens when someone is detained by law enforcement without legal justification or probable cause. A wrongful arrest lawyer in Los Angeles can help fight back against unjust actions that violate rights and freedoms. Victims of false arrest often face emotional distress, lost time, and even reputational damage.
Sometimes, innocent people are wrongfully accused of crimes due to errors, misunderstandings, or misconduct by authorities. A strong legal defense can help expose these mistakes and seek accountability. Understanding the legal protections available after an unlawful arrest enables victims to take action.
Mistakes are not acceptable when they result in an innocent person having to spend time in jail for no reason. Police need to be held accountable. When citizens become victims of false arrest and false imprisonment, they have the right to seek justice for what has happened.
Quick Summary
Below is an overview of the key points of this article.
- A false arrest occurs when law enforcement arrests someone without probable cause or a warrant. This can cause significant harm, including damage to a person’s reputation and career. Different types of wrongful arrest cases include arresting the wrong person, arresting without probable cause, and race-based or malicious arrests.
- If you are falsely arrested in Los Angeles, stay calm and avoid resisting or arguing with the officers. Request a lawyer immediately and don’t answer questions until your lawyer is present. Gather any available evidence and document everything about the arrest as soon as you are released.
- If you were wrongly arrested, you have several legal options. You can file a complaint with the police department, ask the court to exclude evidence obtained from the false arrest, or bring a lawsuit for an injunction or financial compensation. Qualified immunity may protect defendants from false arrest lawsuits, but if you can show your constitutional rights were violated, it does not apply, and you can still sue.
- A wrongful arrest lawyer in Los Angeles can help by reviewing your case, gathering evidence, and protecting your constitutional rights. They will also negotiate for a settlement or represent you in court to seek compensation for any harm caused by the false arrest.
What is a False Arrest?
While some false arrest cases result in lengthy prison stays, others are resolved after the victim spends only a minimal amount of time in jail. However, even one night in jail can cause significant harm.
False arrest, like unlawful detention, involves restraining someone without a legal basis. Law enforcement officers cannot arrest individuals without probable cause or a valid warrant. An arrest may start legally but become unlawful if it continues without proper justification. Being falsely arrested can harm a person’s reputation and career, potentially leading to job loss and difficulties finding new employment.
What Are the Different Types of Wrongful Arrest Cases in Los Angeles?
Cases of wrongful arrest vary from one situation to another. Generally, here are the most common types of wrongful arrest cases in Los Angeles, California.
Arrest of the Wrong Person
When police officers or security guards arrest the wrong person, it might happen because of a mistake or because of a wrongful arrest. A wrongful arrest happens when law enforcement acts without a valid reason or exceeds their authority. This can mean they didn’t have proper evidence, or they mistreated someone while making the arrest.
Arrest Without Probable Cause
Police officers need a valid reason, called probable cause, to arrest someone or get an arrest warrant from a judge. However, some officers arrest people without this valid reason, which breaks their constitutional rights.
For an arrest to be legal, the officer must have enough evidence to justify it. Probable cause cannot be based on a feeling or a guess. For instance, an officer cannot arrest you just because they think you might be a robber. They can only arrest you if they have real evidence to back up their actions.
Race-Based Arrest
Racial profiling is a big issue in the United States. There have been many cases where people from certain racial backgrounds are more likely to be unfairly arrested by police or security guards than people from other races. If you or a loved one was arrested because of your race, it’s important to talk to a Los Angeles wrongful arrest lawyer.
Malicious Arrest
Malicious arrests are made on purpose to hurt the person being arrested. These cases can be different depending on the situation, but some common examples of malicious arrests include:
- Arresting someone to hide wrongdoing
- Arresting someone as punishment for something unrelated
- Arresting someone to damage their reputation with false criminal charges
- Arresting someone to shift attention away from the real criminal
Arrest Without Reading the Miranda Rights
The Miranda rights are a kind of notification or warning given by law enforcement to individuals in custody informing them that:
- They have a right to remain silent
- Anything they say can be used against them in court
- They have a right to have a lawyer present during questioning
- The state can appoint a lawyer for them if they cannot afford one
The Miranda warning is only needed when a suspect is in custody, and the police plan to ask questions and use the answers in court. If the police don’t read the Miranda rights, they cannot use what the suspect says while in custody as evidence.
This is why officers often avoid arresting suspects right away and tell them they are free to leave. By doing this, they don’t have to give a Miranda warning. Then, once they get an incriminating statement, they may arrest the suspect.
Arrest for Personal Gain
Police officers are not allowed to arrest someone just for their own benefit or personal reasons. They must follow the law and have a real, legal reason for making an arrest. If an officer arrests someone without proper cause, it is against the law and a violation of rights. The arrest must be based on facts and legal standards, not personal motives.
What to Do If I’m Falsely Arrested in Los Angeles?
A false arrest, or wrongful arrest, happens when law enforcement takes you into custody without a legal reason. If you’re falsely arrested in Los Angeles, California, here’s what you need to do:
- Stay Calm. Stay calm and don’t fight back if you’re being arrested. Resisting can make the situation worse and might make you appear guilty.
- Don’t Argue. If you believe you’re being wrongly arrested, calmly tell the officer. Avoid arguing or debating with them on the spot.
- Ask for a Lawyer. Request a Los Angeles wrongful arrest lawyer right away. This is a important right you have. Do not answer any questions from the police until your lawyer is there with you.
- Gather Evidence. If you can, try to remember details about your arrest, such as the officer’s name and any people who saw what happened. This information can be important later when you work with your lawyer.
- Contact a Lawyer. Get in touch with a wrongful arrest lawyer in Los Angeles. They can help you understand what actions you can take, such as possibly filing a lawsuit against the police or their department. A lawyer will guide you through your options and help protect your rights.
- Limit Your Words. Be careful about what you say. Often, what suspects say can be used against them in court. It’s best to keep your response simple by saying, “I have a lawyer.”
- Be Respectful. Even if you’re feeling stressed or upset, being polite can make a big difference. Treating everyone with respect can help keep the situation from getting worse. It’s always better to stay calm and courteous, which can help you in the long run.
- Document Everything. As soon as you are released, write down everything you remember about the arrest. Include details like what happened, what the police said, and any other important facts.
What Are My Rights If I Was Wrongly Arrested?
You know you didn’t do anything wrong, but you might not be sure what to do next or what your legal rights are. If you were falsely arrested, you have four legal options to consider:
File a Complaint
You can file a complaint with the police department to make the officer face consequences for the false arrest. In serious cases, the officer might be fired, suspended, or required to undergo retraining. In California, the officer could also face criminal charges under Penal Code 118.1.
Requesting Evidence Exclusion in Court
If you’ve been charged with a crime, you can request the court to dismiss any evidence gathered as a result of the false arrest. This request is made in your criminal proceedings. Evidence acquired through the wrongful arrest may be deemed inadmissible.
Bring a Lawsuit for an Injunction
You can also file a lawsuit for false arrest against the officer and the police department for violating your civil rights. This lawsuit can be filed in either state or federal court. If you file in federal court, it would usually be a 1983 civil rights lawsuit under 42 USC Section 1983. One challenge with civil lawsuits is that officers might have qualified immunity.
If successful, the lawsuit can ask the court to issue an injunction, which is a court order. If granted, the court can require the police department to:
- Retrain officers
- Change their official policies for arresting
- Fire the offending officer
Bring a Lawsuit for Financial Compensation
The lawsuit can also ask for money to compensate you for being wrongfully imprisoned. This money would help cover any losses or suffering caused by the false arrest. A wrongful arrest lawyer in Los Angeles can assist in getting this compensation to cover:
Medical Bills
This applies if you were injured during the wrongful arrest and needed medical care. To show this, you will need evidence of your injuries, like photos and copies of medical receipts. You should also have a doctor’s report describing the nature and extent of your injuries.
Wages Lost
If you were wrongfully detained and couldn’t go to work, you might be able to get compensation for the wages you lost. To show this, you will need proof of your income, which helps estimate how much you would have earned if you hadn’t been wrongly arrested and held.
Pain and Suffering
A wrongful arrest is both humiliating and embarrassing. People who are wrongfully arrested often suffer from mental stress for months or even years. If you or someone you know is experiencing this, a Los Angeles false arrest attorney can provide help.
Presumed Damages
You can also claim damages if the officers violated your civil rights. These damages do not need proof of injury because they are assumed to result from a wrongful act by law.
Recovering monetary damages can be hard. You need to get past the qualified immunity defense. This defense protects government officials, like police officers, from being sued for actions they took while doing their job.
Why Do I Need a Wrongful Arrest Lawyer in Los Angeles?
If you believe you have been the victim of a false arrest, here are some ways a wrongful arrest law in Los Angeles can help you:
- Legal Experience and Investigation: False arrest attorneys are well-versed in wrongful arrest cases. They will review your case, collect evidence, interview witnesses, and check relevant documents or recordings to determine if you have a valid claim.
- Legal Strategy and Protection of Rights: Your lawyer will develop a tailored legal strategy, identifying potential claims such as false imprisonment or civil rights violations. They will ensure your constitutional rights were respected during the arrest, including proper Miranda warnings and protection against illegal searches.
- Negotiation and Settlement: Your attorney will negotiate with the responsible parties, such as police or government agencies, to seek a settlement or compensation for the harm caused by the false arrest. They will work to secure a favorable resolution without the need for a trial.
- Civil Claims and Court Representation: If negotiations fail, your lawyer can file a civil lawsuit to seek damages for physical or emotional pain, lost income, and legal fees. If the case goes to court, they will represent you, presenting your case and arguing for a favorable outcome.
Rebuilding Reputations and Regaining Peace of Mind
Conlogue Law LLP stands strong for those who face the serious injustice of false arrest. Our law firm offers reliable and powerful legal representation to fight for victims’ rights. Our trusted wrongful arrest lawyer in Los Angeles knows how to navigate the toughest cases, even those other attorneys may find too complex.
Conlogue Law LLP is committed to ensuring that justice is served. Choosing the right legal partner can make all the difference. Conlogue Law LLP not only brings legal experience but also compassion. We understand the impact false arrest can have on lives and work tirelessly to help our clients rebuild their reputations and regain their peace of mind.
If seeking a trusted wrongful arrest lawyer in Los Angeles, contact Conlogue Law LLP today for a free consultation. Our legal team can also assist you with Hip Injury and Knee Injury.
