“Hands behind your back, you’re under arrest.” Nobody ever likes to hear these words. However, in today’s society, where injustices continue to occur far too frequently, many people face the unpleasant reality of being wrongly arrested. A wrongful arrest can have terrible emotional and practical consequences. It can harm your reputation, ruin your career, and make you feel powerless against a system designed to protect you.
False arrests are a significant injustice that undermines the fundamental rights that we all possess. Being wrongly accused and detained can lead to bewilderment, fear, and resentment. You may think, “How did this happen to me?” “What can I do to fight back?”
In this blog, we’ll look at the issues of false arrests and why hiring an experienced false arrest attorney in California is critical. A dedicated civil rights attorney understands the complexity of the law and knows how to argue on your behalf, ensuring your rights are protected and justice is done.
If you or someone you care about has been wrongly arrested, you do not have to face the consequences alone. Continue reading to find out how a skilled attorney may help you gain control of your situation and construct a solid case to bring those guilty accountable.
What Is False Arrest?
(man being arrested by two police officers)
According to the Merriam-Webster Dictionary, false arrest is “an arrest not justifiable under law.” False arrest, also known as false incarceration or unlawful arrest, occurs when someone is wrongfully restrained, imprisoned against their will, or detained without legal basis.
This form of injustice can be done by both private citizens and law enforcement agents when they operate outside or outside of their jurisdiction. For example, wrongful imprisonment occurs when someone locks you in their home or stops you from leaving a car. Similarly, if law enforcement arrests you without probable cause or a proper warrant, it may be deemed a wrongful arrest.
False arrest is not just a crime—it’s also a civil harm. Victims have the right to sue for damages through a civil lawsuit. If your personal freedoms are intentionally and wrongfully restricted, you don’t have to face it alone. Understanding your rights and seeking legal guidance from a skilled attorney can help you hold those responsible accountable and protect your rights moving forward.
What To Do Under A False Arrest
If you have been the victim of a wrongful arrest, you should be aware that you have legal options. False arrest is a violation of both the law and your civil rights. In such circumstances, you may be eligible to file a civil complaint under Section 1983 of the United States Code, which empowers people to seek redress for constitutional breaches committed by state actors including police officers, prison guards, and other government officials.
(people signing a legal document)
This federal legislation allows victims of wrongful activities by state actors to sue in federal court. For example, if a law enforcement officer illegally detains you or uses excessive force to arrest you, the officer may be breaching your civil rights. In these cases, you can hold the officer accountable and potentially seek compensation for the harm caused.
To succeed in a Section 1983 case, the person performing the wrongful act must be acting “under color of law,” which means in their official capacity. For example, if police officers use excessive force during an arrest or search, you may be able to file a Section 1983 case. On the other hand, if an off-duty cop is involved in a personal altercation but is not operating in an official role, pursuing a civil rights action may be ineffective, while other legal avenues may be available.
Being wrongly detained may be a traumatic experience, and holding those involved accountable is critical. If you believe your civil rights have been violated due to a false arrest, consulting with an experienced civil rights attorney can help you understand your options and the best course of action to take.
Why Consult An Experienced Civil Rights Attorney
(stressed man under arrest)
Kirakosian Law is firmly committed to protecting civil rights and fighting for justice. Civil rights protections are essential to the fabric of our democracy, and we are committed to ensuring that everyone is treated fairly under the law, regardless of ethnicity, race, gender, or sexual orientation.
Kirakosian Law is ready to assist you if you have been the victim of a false arrest or another violation of your civil rights. Our firm represents people whose rights—and, in some circumstances, dignity—have been taken away by police officers, political officials, major corporations, or others in positions of power. We understand the emotional and physical toll of being wrongly arrested, and we are committed to providing you with the resources and skills you need to pursue justice.
We understand what it takes to hold those who abuse your rights accountable, having practiced civil rights law for many years. Our team is dedicated to delivering the best possible results for each client, and we are prepared to fight fiercely on your behalf. Trust Kirakosian Law to provide you with the legal counsel and representation you deserve. If you have been wronged, we will be your advocate and guide you through the complexity of civil rights law to safeguard your freedom and dignity.