Being arrested can be a frightening and overwhelming experience, especially if it happens without proper legal justification. But what exactly makes an arrest illegal, unlawful, or wrongful? While these terms are often used interchangeably, they all point to situations where law enforcement oversteps its authority and violates a person’s rights.
In this blog, we’ll break down what an illegal arrest, unlawful arrest, and wrongful arrest mean, how they occur, and what you can do if you’ve been a victim. If you or a loved one has experienced an unjust arrest, a skilled civil rights attorney like Greg Kirakosian can help you fight for justice and the compensation you deserve.
What Is An Illegal Arrest?
An illegal arrest occurs when a person is brought into custody without adequate legal justification. This can occur in a variety of ways, including when a police arrests someone without a warrant (in circumstances where one is required) or when an officer fabricates evidence or lies to justify the arrest. According to the Fourth Amendment of the United States Constitution, individuals are protected from unreasonable searches and seizures, which implies that any arrest made without lawful grounds can be challenged legally.
Unlawful Arrest: Understanding Your Rights
An unlawful arrest is essentially the same as an illegal arrest—it refers to any detention that violates legal procedures or lacks proper cause. This can include:
- Arrests made without a valid warrant (when one is legally required)
- Detaining someone without reasonable suspicion or probable cause
- Arresting an individual based on racial profiling or discrimination
- Using fabricated evidence or false testimony to justify an arrest
If you have been subjected to an unlawful arrest, you have the right to take legal action against the police department or officers involved.
What Is a Wrongful Arrest?
Wrongful arrest is another term for an illegal or unlawful arrest. It emphasizes the unfairness experienced by the person who was unlawfully jailed. These arrests can have major implications, such as reputational harm, emotional pain, lost pay, and even lengthy court fights.
- A wrongful arrest occurs when a person is misidentified as a suspect and arrested without proper verification.
- Law enforcement officers arrest someone based on false claims.
- Police officers abuse their power by harassing or retaliating against someone.
Regardless of the word used—whether illegal, unlawful, or wrongful arrest—the main point is that an individual’s rights have been violated. Fortunately, legal solutions are available to those who have been victims of these injustices.
How to Take Legal Action After an Unlawful Arrest
If you have been unlawfully or wrongly arrested, you have the right to seek redress. Filing a lawsuit against the police agency or individual officers involved may allow you to collect compensation for:
- Emotional anguish, psychological trauma
- Income loss resulting from unlawful detention
- Legal expenditures acquired while defending yourself against unlawful charges
- Damage to your reputation
Law enforcement officers frequently claim immunity from litigation, making it difficult to hold them accountable. This is why consulting with an experienced civil rights attorney, such as Greg Kirakosian, is critical. He possesses the skills and resources to challenge illegal arrests and advocate for your rights.
Greg Kirakosian Can Help You Get the Justice You Deserve
If you’re wondering what an illegal arrest, unlawful arrest, or wrongful arrest are, the truth is that they’re all significant legal breaches that should not be overlooked. Greg Kirakosian has a proven track record of advocating for victims of police misconduct and ensuring they receive the justice and recompense they deserve. His legal team will:
- Conduct a thorough investigation into the circumstances of your arrest
- Collect crucial evidence, such as police reports, witness statements, and video footage
- Challenge law enforcement’s defense and hold them accountable
- Advocate aggressively to secure financial compensation for the harm you’ve suffered
An unjust arrest can have long-term ramifications, but you do not have to fight this battle alone. If you or someone you know has been the victim of an illegal, unlawful, or wrongful arrest, please contact Greg Kirakosian immediately. He is committed to preserving your rights and holding law enforcement accountable for their conduct.
Seeking legal counsel can make a big difference in your case and prevent similar injustices in the future. Don’t wait; take action now to achieve the justice you deserve.