Being arrested is traumatic. But when the arrest is based on no real evidence, or worse—bias or retaliation—it becomes more than just a traumatic event. It becomes a civil rights violation. If you’ve been subject to a false arrest in California, you might be wondering: Do I have legal recourse? The answer is yes.
In this blog, we’ll explain what constitutes a false arrest, what to do immediately after it happens, and how a wrongful arrest lawsuit can help you seek justice. We’ll also explain why having an experienced civil rights attorney in Los Angeles—like Greg Kirakosian—is essential when standing up to those who abuse their power.
What Is a False Arrest in California?
A false arrest happens when a person is taken into custody without a legal justification. In California, law enforcement must have either:
- Probable cause that a crime has been committed,
- Or a valid arrest warrant signed by a judge.
If neither of these exists and you are still arrested, your constitutional rights—especially your Fourth Amendment right to be free from unlawful search and seizure—may have been violated.
For example, being handcuffed and detained after a traffic stop because of your race or appearance, or being arrested without any specific evidence tying you to a crime, can qualify as a false arrest. These kinds of situations are more than unfair—they’re unlawful.
Immediate Steps to Take After a False Arrest
If you believe you’ve been falsely arrested, take these steps as soon as possible:
- Remain Calm and Cooperative
Even if the arrest is unlawful, resisting may escalate the situation. Stay calm and don’t argue with officers on the scene. - Document Everything
After your release, write down every detail you remember—what was said, who was present, if there were any witnesses, and how the arrest unfolded. These notes may become key evidence in your case. - Preserve Evidence
Save any photos, videos, or communication records that could help support your claim. If someone recorded the arrest, ask them to preserve and share the footage with your attorney. - Request Legal Representation
You have the right to speak with a lawyer. Contact a civil rights attorney as soon as you can—preferably one who has experience with false arrest cases in Los Angeles.
What Qualifies as a Wrongful Arrest?
Not every bad experience with law enforcement is a wrongful arrest, but many situations do qualify. Here are some of the most common scenarios:
- Arrest without Probable Cause: You were arrested based only on suspicion, assumptions, or profiling—not facts or evidence.
- Arrest Due to Malicious Intent: An officer arrested you for retaliatory or discriminatory reasons, such as after a verbal disagreement or protest participation.
- Detention Beyond Legal Limits: You were held without charges being filed within a reasonable amount of time.
- Mistaken Identity: You were arrested due to incorrect information or being confused with someone else.
Each of these instances can open the door for a civil lawsuit, especially when your freedoms have been compromised without lawful reason.
How to Sue for False Arrest in California
Filing a wrongful arrest lawsuit starts with building a strong legal claim. Here’s how it generally works:
- Hire an Experienced Civil Rights Attorney in Los Angeles
This is not the kind of case you want to navigate alone. An experienced civil rights lawyer like Greg Kirakosian will understand how local law enforcement works, which laws apply, and how to present your case effectively in court. - File a Government Claim
Before you can sue, California law requires you to file a government claim against the city or law enforcement agency involved. This must usually be done within six months of the incident. - Build Your Case
Your attorney will collect evidence, interview witnesses, and identify violations of your rights. This includes showing that the arrest lacked probable cause or was motivated by unlawful intent.
- Pursue Compensation
If successful, you may be entitled to compensation for:
- Emotional distress
- Lost wages
- Legal fees
- Damage to your reputation
- Physical injuries (if excessive force was used)
- Emotional distress
Why You Need Greg Kirakosian on Your Side
Greg Kirakosian is not only a skilled trial attorney—he’s someone who has built his legal career around standing up for people when their civil rights are violated. At Kirakosian Law, we understand the fear and frustration that come with a wrongful arrest. More importantly, we know how to fight back.
Greg has handled high-profile civil rights cases throughout California and has earned a reputation for his relentless pursuit of justice. He brings empathy, determination, and real courtroom experience to every case he takes on.
False arrests are not just legal missteps—they’re violations of your basic human dignity. And when that happens, you deserve more than an apology. You deserve accountability and compensation. Greg Kirakosian is here to help make that happen.
Final Thoughts
If you were the victim of a false arrest in California, you are not powerless. You have the right to hold law enforcement accountable, and with the right legal support, you can. Don’t let time or fear stop you from protecting your rights.Reach out to Kirakosian Law today. Let us help you pursue a wrongful arrest lawsuit and get the justice you deserve. Because in Los Angeles—and across California—no one is above the law.