If you’ve ever been unlawfully arrested, we understand the pain and confusion that you must’ve felt. Afterall, being arrested with no reason why can result in many unanswered questions of why that happened to you and if you’ll ever have that off your record.
This is why choosing the right lawyer is crucial. In this post, we’ll guide you through selecting the best legal representation for your case and we’ll go over why Kirakosian Law is the best of the best.
What Constitutes As An Unlawful Arrest?
A false arrest occurs when one person restrains or detains another without lawful justification, such as probable cause or a valid arrest warrant, under the guise of enforcing the law. This wrongful act is also known as false imprisonment and is typically regarded as a misdemeanor offense.
Unlawful arrests can happen in various situations, ranging from mistaken identity to the absence of proper legal authorization for detention. They may occur due to misinterpretation of facts, errors in judgment, or even intentional misconduct by law enforcement officers or individuals claiming authority. What can you do if you’re ever in a situation like this?
What You Can Do Before & After
During and after a wrongful arrest, it’s crucial to handle the situation calmly and strategically:
- Cooperate with police by providing identification if requested.
- Exercise your right to remain silent to avoid self-incrimination.
- Refrain from arguing or resisting arrest, as it can escalate the situation.
- Avoid admitting to any wrongdoing without consulting a lawyer.
- Take note of any witnesses or evidence that could support your innocence, such as surveillance footage.
After the wrongful arrest:
- Contact a trusted attorney immediately to assess your legal options.
- Consider filing a lawsuit against the police department or officer, either seeking an injunction or compensation.
- Seek guidance from our attorneys at Kirakosian Law, who can outline your options and help determine the best course of action.
From lodging a complaint with the police department to pursuing compensation through legal action, there are various avenues available to address a wrongful arrest. But why should you go after it?
If you think about it, false arrests not only infringe upon an individual’s rights but can also lead to significant emotional distress, reputational damage, and legal consequences for the parties involved. It’s crucial to address false arrests promptly and seek legal recourse to uphold justice and protect individual liberties. Does this mean that it’s possible to sue the police if you’ve been unlawfully arrested?
Can I Sue The Police For Unlawful Arrest?
In one word, yes. If you’ve been unlawfully arrested, you have the right to take legal action against those responsible as it constitutes a misdemeanor. Typically, this includes the police department or individual officers involved in your arrest, as well as other entities like security agencies or companies involved in the incident.
However, suing the police isn’t always straightforward due to sovereign immunity protecting government agencies like law enforcement. To proceed with a lawsuit, you must demonstrate that your rights were violated according to 42 U.S. Code § 1983.
To successfully sue for false arrest, you need to prove the following key points:
- The police intended to detain you against your will
- The detention wasn’t legally justified
- You were aware of being detained
It’s important to note that if your false arrest resulted in physical or mental harm, you can file additional lawsuits for damages caused by excessive force or abuse during the arrest. Now, who is to take the legal action against the responsible behind your arrest? This is where it’s imperative to find the right lawyer for your unlawful arrest.
Finding The Right Unlawful Arrest Lawyer
Building a case against the police can be intricate, requiring a deep understanding of state laws, legal procedures, and deadlines. An experienced law firm, like Kirakosian Law, can guide you through the process, helping determine liability, gather evidence, and file lawsuits to seek compensation for damages.
One notable case handled by Kirakosian Law involved Lyle Spruill, whose civil rights were violated by six Los Angeles County Sheriff’s Deputies. Spruill was falsely accused of attempting to murder police officers, resulting in serious charges and six months of jail time. However, surveillance footage from a local business revealed inconsistencies in the deputies’ accounts, leading to the dismissal of charges.
The case highlights the prevalence of police misconduct and the importance of legal representation in seeking justice. With growing public mistrust of law enforcement, cases like Spruill’s shed light on the need for accountability and transparency within the criminal justice system. Through diligent legal action, victims of unlawful arrests and police brutality can seek restitution and hold accountable those responsible for violating their rights.
Instances of police misconduct, like the one involving Lyle Spruill, underscore the urgency of criminal justice reform. With increased scrutiny on law enforcement practices, it’s essential to address systemic issues and uphold the public’s trust in the legal system. Spruill’s case serves as a reminder of the importance of defending civil liberties and ensuring accountability in law enforcement agencies.
Why Trust Kirakosian Law With Your Unlawful Arrest Case
At Kirakosian Law, we uphold the fundamental principles of democracy by fiercely defending the civil rights of all Americans, regardless of their background. Our firm is dedicated to ensuring equality and justice for individuals who have faced discrimination or injustice at the hands of authorities, corporations, or other entities.
We advocate for accountability and transparency in government, challenging instances of misconduct by public officials and law enforcement personnel. With a commitment to justice, we fearlessly litigate cases in federal court when necessary.
In an era marked by concerns over excessive force and police misconduct, our firm actively pursues justice for victims of improper conduct, unlawful arrests, and abuses of power. We strive to hold accountable those who betray the public trust.
Should mediation fail to yield a satisfactory resolution, we stand ready to take civil cases to trial as we’ve done in the past. At Kirakosian Law, we are committed to protecting your rights and seeking justice on your behalf.
