TV series on criminal cases and law enforcement frequently combine fact and drama to produce entertaining. While films may depict some parts of real-life contacts with law enforcement, they usually exaggerate or twist specifics for dramatic effect. This might lead to misconceptions about what actually transpires during police encounters and the rights that people have in those instances.
Resisting an arrest, even if you believe it is illegal, can be exceedingly risky and may worsen the situation. Law enforcement personnel frequently see resistance, no matter how little, as a danger, which can result in physical force or further penalties. That’s why it’s vital to understand your rights and when an arrest becomes unlawful.
If you believe you were wrongfully arrested, here is the blog for you. We’ll discuss the significance of having an expert civil rights attorney review your case and determine whether the arrest violated your rights. Experienced attorneys, such as those at Kirakosian Law in California, can help you navigate the process of bringing a case for damages. This ensures that your rights are safeguarded while avoiding undue risk during the occurrence.
What Is Unlawful Arrest in California?
In California, an unlawful arrest occurs when a person is arrested or brought into custody by law enforcement without a valid arrest warrant or reasonable cause. In certain circumstances, the arrest breaches the person’s constitutional rights.
Can You Resist An Arrest in California?
While California law, particularly Penal Code Section 148(a)(1), makes it criminal to impede or interfere with law enforcement personnel carrying out their duties, this does not imply that officers have complete discretion. They must still follow proper legal procedures. Resisting arrest under approved conditions is a misdemeanor punishable by up to a year in county jail, a fine, or both.
However, if an arresting officer acts without reasonable cause or abuses their authority, the arrest may be deemed illegal. Common examples include detaining someone based on false allegations, insufficient evidence, or racial profiling. If you suspect your rights were violated during an unlawful arrest, you should consult with an experienced civil rights attorney to determine your legal options and pursue justice.
Can You Sue For Unlawful Arrest?
Yes, you can claim for unlawful arrest if your rights were infringed during the procedure. An unlawful arrest happens when law enforcement detains or restrains you without a legal basis, such as probable cause or a valid warrant. Individuals are protected from such violations by state and federal law, and legal remedies exist to hold those culpable accountable.
To successfully suit for an unlawful arrest, you must demonstrate that the arresting officer lacked reasonable cause to detain you. Probable cause refers to the officer’s reasonable belief, based on concrete facts, that you committed a crime. Without this, the arrest could be considered unlawful. For example, if a cop arrests you only based on your looks or without proof linking you to a crime,
Filing a lawsuit for an unjust arrest frequently entails pursuing claims under civil rights statutes, such as Section 1983 of the Civil Rights Act, which empowers citizens to sue government officials for breaching their constitutional rights. Furthermore, California state laws give channels for addressing police misconduct, such as false detention and violence allegations.
Can You Sue for Unlawful Arrest in California?
Yes, you can sue for illegal arrest in California if your rights were violated throughout the process. To properly pursue such a claim, you must first establish precise legal reasons to show that the arrest was unjustified.
Why Choose Kirakosian Law for Your Civil Rights Case?
When challenging police enforcement for an unjust arrest, having an experienced and devoted civil rights attorney on your side is critical. Kirakosian Law, a respected practice in Los Angeles, has established a reputation for effectively defending the rights of persons who have been wronged by those in positions of power.
Kirakosian Law has vast experience resolving complicated civil rights disputes, such as wrongful arrests. We understand the difficulties involved in holding law enforcement accountable and are dedicated to obtaining justice for our clients. From studying the details of your arrest to developing a strong legal strategy, we make certain that your case is handled with precision and care.
Law enforcement organizations may have tremendous resources at their disposal, making an attorney who understands the legal system essential. Kirakosian Law’s track record of accomplishment illustrates our capacity to stand up to powerful entities and achieve positive results for our clients. If you believe you were wrongfully arrested, you do not have to face the legal struggle alone. Kirakosian Law is dedicated to providing competent counsel, unrelenting advocacy, and the justice you deserve. Contact us now for a free consultation.