Not all arrests are legal, and it can happen to you. Being arrested for any reason is bad enough, but knowing that you are innocent of the charges can be particularly upsetting. Unfortunately, nothing can take away the embarrassment or damage to your reputation after a false arrest. You can, however, be paid money damages to compensate you for a false arrest as long as the requirements are met. Read on and find out what constitutes a false arrest and how to prove it.
What Is a False Arrest?
If you can show an arrest was unjustified, you may be entitled to compensation using the civil justice system. The civil justice system is concerned with personal injury damages when car accidents, negligence, defamation, and other civil injustices occur. This is a situation where the criminal justice system and the civil system intersect with each other.
Arrests: What to Know
To make an arrest, certain laws have to be followed by law enforcement:
- Warrants are issued – Only a judge can approve of an arrest warrant, and these arrests may come after an initial investigation has been performed.
- Bench warrants – These can be issued by a sitting judge, and they are almost instantaneous. Bench warrants often follow the failure of a suspect to appear in court for a scheduled appearance.
- Telephonic warrants – This type of warrant might be thought of as an emergency warrant. Law enforcement may determine that waiting long enough to obtain a warrant through the usual means would be detrimental to the case.
- At the scene – This may be the most common of arrest scenarios. A law enforcement officer may place someone under arrest when they encounter them without a warrant in certain circumstances. For example, if law enforcement determines someone was intoxicated while driving, they can be arrested at the roadside stop.
What Makes an Arrest Improper?
Some people may think they have been falsely arrested, but certain circumstances must come together for it to be a false arrest. One of the main elements that set this type of case apart is that you must have been found innocent or you must have been released with the charges dropped.
Finally, you must show how you have been damaged as a result of the arrest. Many victims of false arrest have no problem citing damage to their personal relationships, employment, finances, health, and more. To get more information about this special type of personal injury situation, contact a lawyer at a law firm near you.