When Is An Arrest Considered False Or Wrongful?

An arrest is considered false or wrongful when a person is detained and falsely convicted by police without proper legal authority. Both private citizens and the police can be held liable for making a false or wrongful arrest. Citizen arrest can be, for example, when a customer is detained at a store when suspected of stealing or shoplifting.

If you or any family member or friends you know have been wrongfully arrested for a crime they didn’t commit, contact our lawyers from Jag Virk because you may have a case.

A wrongful arrest may include;

  • The arrest of a person without probable cause that they committed the crime
  • The arrest of the wrong person
  • Arrest without just cause
  • Arrest with an arrest warrant obtained on false information given to the court by a police officer
  • Arrest without the mention of the suspect’s rights
  • Arrest for personal gain
  • Arrest by incompetence
  • Arrest based on race
  • Arrest on pure malice

Can you resist arrest if you know it’s wrongful?

Yes, you can resist arrest if you feel that the police are arresting you falsely. During the arrest, you can inform the arresting officer that the arrest is wrongful. Once you make that statement, the officer will demand evidence from you to prove the false arrest. If you provide evidence that proves wrongful arrest, the officer can let you go.

When there is no proof of wrongful or false arrest, then you should cooperate with the police. Please remember that resistance to an unlawful arrest cannot be harmful or violent to the officer. Once arrested, you can then contact your lawyer, and you can then claim wrongful arrest again.

If you prove wrongful arrest, what can you sue for?

Most falsely or wrongfully arrested people can file a lawsuit against the arresting officer, the police department, or the township for damages. Most of these cases are usually discovered after the arrest, and the case is in court.

If you are wrongfully arrested, you can sue for additional damages and wages lost during that period. Here some of the things you, with the help of a lawyer, can sue for;

  • Damage to your reputation
  • Lost wages
  • Physical injury incurred during or as a result of false arrest
  • Embarrassment
  • Wrongful death
  • Illness incurred during or as a result of the false arrest
  • False imprisonment
  • Punitive damages
  • Wrongful conviction
  • Malicious prosecution
  • Excessive force

It’s important to note that if you are falsely arrested and plead guilty to the crime. Then found it was a wrongful or false arrest, your lawsuit will be legally thrown out, and you cannot sue for any of the items mentioned above.

Wrongful arrests happen quite often than people would care to admit and are hard to avoid if when you are arrested, you don’t have evidence to prove to the arresting officer that it is a wrongful arrest. Don’t forget to seek the advice of a criminal lawyer if you or anyone is facing criminal charges.


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