Being arrested can be a terrifying and life-changing experience; but, what if the arrest was illegal? Unlawful arrests, often known as incorrect or illegal arrests, happen when law enforcement detains someone without a valid legal reason. If this has happened to you, you must learn your rights and how to seek justice.
Working with an experienced unlawful arrest civil suit lawyer in California, such as Greg Kirakosian, allows you to fight back, hold law enforcement accountable, and seek recompense for the injury you have suffered. If you’ve been a victim of unlawful arrest and you’re after a civil suit, we’ll show you how to do it in this blog with the help of a California lawyer.
What Makes an Arrest Unlawful?
For an arrest to be considered lawful, law enforcement officers must have probable cause or a valid warrant. If an officer detains someone without either, the arrest may be deemed unlawful. Several key factors can determine whether an arrest was made illegally.
Lack of Probable Cause
Probable cause means that police officers must have a reasonable belief, based on facts and evidence, that a person has committed a crime. If someone is arrested without any factual basis—only suspicion or bias—the arrest is unlawful. Without objective evidence, law enforcement does not have the legal right to detain someone.
No Arrest Warrant (When Required)
In most cases, police must obtain a warrant before making an arrest, unless they directly witness a crime in progress. If an officer arrests someone at home or under certain circumstances without a warrant, the arrest may be considered illegal. Warrants serve as legal authorization and ensure that arrests are made with proper justification.
False Statements or Fabricated Evidence
If an officer lies about evidence, fabricates statements, or plants false evidence to justify an arrest, it is a serious violation of civil rights. Wrongfully accusing someone through deceptive means not only impacts the individual’s freedom but can also lead to severe legal consequences for the officers involved.
Arrest Based on Discrimination
An arrest made due to racial profiling, personal bias, or any form of discrimination is unlawful. Law enforcement must act based on facts, not prejudices. Targeting individuals based on race, gender, religion, or other protected characteristics violates both state and federal laws.
Use of Excessive Force During Arrest
Even if an arrest is legally justified, it can become unlawful if excessive force is used. Officers are required to use only the amount of force necessary to detain a suspect safely. Unnecessary violence, physical harm, or abuse during an arrest can lead to serious injury and legal action against the responsible officers.
If you believe you have been unlawfully arrested, you may have legal grounds to file a civil rights lawsuit and seek justice for the harm you have suffered.
What Are Your Rights After an Unlawful Arrest?
If you’ve been unlawfully arrested, you have the right to:
- Remain Silent: You do not have to answer any questions without a lawyer present.
- Request Legal Representation: Contacting an attorney should be your first priority.
- Challenge the Arrest in Court: You can fight the charges and challenge the legality of your arrest.
- File a Civil Lawsuit for Compensation: If your rights were violated, you may be entitled to compensation.
How to File a Civil Suit for Unlawful Arrest
If you were unlawfully arrested, you might be able to sue the police department or the individual officers responsible. A successful civil suit can result in financial compensation for damages such as legal fees, emotional distress, lost wages, and reputational harm.
Here’s what you need to do:
1. Gather Evidence
Strong evidence is crucial in proving that your arrest was unlawful. Some key forms of evidence include:
- Police reports
- Video footage (body cameras, surveillance, or witness recordings)
- Witness statements
- Any communication between officers regarding your arrest
- Medical records (if excessive force was used)
2. Work with an Experienced Civil Rights Lawyer
Suing law enforcement agencies can be challenging, as police officers and government entities are often protected by qualified immunity. However, a knowledgeable unlawful arrest civil suit lawyer in California, like Greg Kirakosian, understands how to overcome these legal hurdles and build a strong case on your behalf.
3. File a Lawsuit
Once your lawyer has gathered sufficient evidence, they will file a lawsuit against the police department, the arresting officers, or any other responsible parties. The lawsuit will typically claim violations of your Fourth Amendment rights (protection against unlawful searches and seizures) and seek compensation for the damages you have suffered.
4. Negotiate or Take the Case to Trial
Many cases are settled outside of court, where the police department agrees to compensate the victim to avoid a lengthy trial. However, if necessary, your lawyer will take the case to court and fight aggressively for your justice.
Why Choose Kirakosian Law?
If you’re looking for a California unlawful arrest civil suit lawyer, Greg Kirakosian and his staff are committed to representing victims of police misconduct. Why should you pick Kirakosian Law?
- Proven Track Record: Years of expertise working on challenging civil rights cases.
- Aggressive Legal Representation: A professional team that works diligently to combat police misbehavior.
- Compassionate Client Advocacy: Each client receives personalized legal support.
- No Upfront Fees: They work on a contingency basis, which means you only pay if they win your case.
An unjust arrest might have serious ramifications for your life, but you do not have to accept injustice. If you believe you were unlawfully arrested, taking legal action can help you hold law enforcement accountable and receive the restitution you deserve.
Working with an experienced unlawful arrest civil suit lawyer in California, such as Greg Kirakosian, guarantees that your case is handled with care and expertise. Contact Kirakosian Law today to talk about your situation and take the first step toward justice.