One of the most painful and unfair situations a person may go through is being unlawfully arrested and detained without cause. It occurs more frequently in California than most people think. You might be in the wrong location at the wrong time or on your way home when you find yourself in handcuffs for a crime you didn’t commit. Your civil rights may be violated by a false arrest, therefore it’s critical to know what to do if it occurs to you.
What constitutes a false arrest in California, what to do if you are being held, how to defend your rights both during and after the occurrence, and how a civil rights attorney can assist you in seeking justice are all covered in this blog.
What Is a False Arrest in California?
When law enforcement detains or imprisons someone without a valid reason, it is known as a false arrest. In California, an arrest cannot be made without probable cause. This implies that they need to have proof and circumstances that would make a reasonable person think you were guilty of a crime. You may have grounds for a false arrest claim if you are arrested despite the lack of reasonable cause due to a bias, a hunch, or inaccurate information.
Some common examples of false arrest include:
- Arresting the wrong person due to mistaken identity.
- Relying solely on false witness statements or fabricated evidence.
- Racial profiling or discriminatory targeting.
- Detaining someone based on assumptions, not facts.
Being held without cause can result in missed work, emotional trauma, and lasting damage to your reputation. But you are not powerless.
What to Do While You’re Being Detained
If you’re falsely accused and arrested, it’s essential to stay calm and remember your rights:
- Do Not Resist: Even if you know you’ve done nothing wrong, resisting arrest can complicate your situation. Stay calm and compliant.
- Ask If You’re Free to Leave: If you’re being stopped but not officially under arrest, you have the right to ask if you’re free to go. If the officer says yes, calmly walk away.
- Invoke Your Right to Remain Silent: You are not required to answer questions without a lawyer present. Politely say, “I’m invoking my right to remain silent.”
- Request a Lawyer: The moment you’re arrested, clearly state that you want a lawyer. Do not speak further until your attorney is present.
- Take Mental Notes: Try to remember everything about the encounter—the officers’ names and badge numbers, what was said, and what happened. These details can help later.
After You’re Released: Document Everything
If you’re released and no charges are filed (or the charges are dropped) you still have the right to hold law enforcement accountable.
Here’s what you should do immediately after your release:
- Write Down What Happened: Include dates, times, names, locations, and a detailed account of the incident.
- Preserve Evidence: Save any documents you received (like citation slips or arrest reports). If you have photos or videos from the incident—or if a bystander recorded it, keep copies.
- Seek Medical Attention: If you were injured or suffered physical harm, get treated and document all medical visits.
- Talk to Witnesses: If anyone saw the arrest, ask for their names and contact information.
The sooner you gather and organize this information, the stronger your potential case will be.
Can You Sue for False Arrest in California?
Yes. If you were falsely arrested and held without cause, you can file a civil lawsuit against the responsible law enforcement agency or officers. This type of lawsuit is based on the violation of your civil rights, specifically your Fourth Amendment right to be free from unlawful search and seizure.
You may be entitled to compensation for:
- Emotional distress
- Lost wages
- Legal fees
- Damage to your reputation
- Physical harm or injuries suffered while in custody
It’s important to act quickly. There are strict deadlines for filing civil rights claims against the government in California. An experienced civil rights attorney can help you understand those deadlines and make sure you don’t miss your opportunity to seek justice.
Why You Need a Civil Rights Lawyer in Los Angeles
Cases involving false arrests are intricate. Governmental organizations and police forces will make every effort to evade responsibility. An advocate who is knowledgeable about the law, your rights, and how to present a strong case is what you need.
Greg Kirakosian can help with that.
A devoted civil rights attorney in Los Angeles, Greg Kirakosian has a track record of holding police departments responsible for wrongdoing. He isn’t scared to fight for the justice you deserve since he knows how these tragedies may completely upend your life. Greg will look into the matter, collect evidence, and challenge the system on your behalf, regardless of whether you were imprisoned for a mistaken identity or singled out for discriminatory reasons.
When you work with Kirakosian Law, you get more than legal expertise, you get empathy, respect, and the peace of mind that comes with knowing someone truly has your back.
Final Thoughts
Falsely being arrested is a violation of your fundamental rights, not merely an error. Don’t remain silent if you were wrongly arrested or imprisoned in California. Raise your voice. Keep a record of everything. Above everything, obtain the appropriate legal assistance.
If you or a loved one has experienced false arrest in California and were held without cause, contact Greg Kirakosian, a trusted civil rights lawyer in Los Angeles, for a free consultation. You may be entitled to compensation—and more importantly, you deserve justice.
