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If you were wrongfully arrested by the police, you may feel shocked, scared and confused. You didn’t do anything wrong, but you were still detained. Unfortunately, this sort of thing happens more than you might like to think. However, it’s important to remember that you have rights and can fight against this injustice.
If you feel that your civil rights have been violated, it is essential to speak with a civil rights lawyer. They can help you understand your rights and what actions can be taken to protect them. A civil rights lawyer can also help if you have been discriminated against or are facing charges for a civil rights violation. Contact Johnston Martineau, LLP today to schedule a consultation.
What Is a Wrongful Arrest?
An arrest is considered wrongful when a person is arrested without probable cause. A police officer can have probable cause if he or she has more than a reasonable suspicion that a crime has occurred. For example, if a police officer sees people laughing in a car, he or she doesn’t have probable cause to stop the vehicle. On the other hand, if the police officer smells marijuana coming from the car, he or she would have probable cause to investigate.
Wrongful arrests can also include:
- Arrest for personal gain
- Arrest of the wrong person
- Arrest without reading the suspect’s Miranda Rights
- Arrest based on race
- Arrest based on malice
- Arrest by incompetence
How Are U.S. Citizens Protected from Wrongful Arrest?
The Fourth and Fourteenth Amendments of the Constitution protect Americans from false arrest. The Fourth Amendment states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” The Fourteenth Amendment states that “No person shall be deprived of life, liberty, or property without due process of law.”
What Damages Are Available?
There are many damages that victims of wrongful arrest can sue for, including excessive force, lost wages, damage to reputation, embarrassment, false imprisonment and punitive damages.
However, keep in mind that if someone who is wrongfully arrested pleads guilty in court and then it’s discovered that he or she was wrongfully arrested, that person can’t sue for damages.
Who Do You Sue?
If you were wrongfully arrested, you would generally sue the police officer or officers involved in your arrest.
Should I Hire a Lawyer?
Proving that you were wrongfully arrested can be very difficult. That’s why it’s in your best interest to hire an experienced civil rights lawyer. He or she can assess your case and advise you on the best way to proceed. If your lawyer believes you have a strong case, he or she will help you gather evidence, locate key witnesses and file a timely claim. Your lawyer will also protect your legal rights and ensure you won’t get taken advantage of.
In today’s world, there are a lot of incidents that can happen to anyone. Whether it be a car accident or something else entirely, you may need the services of a personal injury lawyer. If this is the case, then you should retain one as soon as possible. Here at our firm we have been helping people for years and will work hard to help you too. Let us know what happened so we can get started on your claim!
If you’re the victim of wrongful arrest, you should schedule a free consultation with a civil rights lawyer today.