Were You Subjected to a False Arrest? Can You Seek for Damages?
It’s not just arresting someone without a warrant that makes an arrest false, but acting outside of their authority or the extent of their powers.
Whether a statement on which a police officer made an arrest was false or not, once a judge considered it acceptable and issued a warrant, the police acted within the law.
On the other hand, if an arrest happens based on the cops’ feelings, they act illegally and could face charges from a prosecutor. Here is where a civil rights lawyer DC from the Law Offices of Kim Parker P.A. comes in to help you properly file a lawsuit
The Differences Between False and Bad Arrests
A warrant issued due to false declarations constitutes a bad arrest. The defendant should then get released whenever a court discovers the truth. False statements may lead to arrests on charges of lying to investigators, swearing a false oath, and perhaps even unlawful imprisonment for those who make false statements.
What happens, even if the released defendant cannot file a suit for illegal arrest. Consequently, the defendant may be able to sue the person who arrested them for any damages they may have suffered.
The defendant had no legal right to challenge arresting officers, although he knew that the premise for the detainment was false. Even when the officer operates on inaccurate info, resisting arrest is usually a criminal offense.
A civil suit against the officer who violated the boundaries of his authority by arresting you for their reasons will be admissible in court even though the officer has never faced any charges.
Physically resisting detention even with reasonable force, even if the arrest had no rationale, can lead to trouble in several states, regardless of whether the arrest was legitimate. Because of this and other reasons, a civil rights attorney in Maryland advises against physically resisting an arrest.
Private Individuals Committed False Arrest
A private individual, like a security officer, can also commit false arrest. Someone who unlawfully restrains another person without their consent or authority is guilty of false arrest or false imprisonment.
Since using authority, the danger of force, or restricting a shopper without their permission or a valid purpose is considered illegal, you should contact a civil rights lawyer DC.
In some cases, private security guards can apprehend someone suspicious of shoplifting to assess the circumstance or hold that individual until the cops come. They cannot arrest someone when they’re not sure and do not have reason to believe that somebody has broken the law.
Civil Damages In The Event Of Wrongful Arrest
False arrest victims may also file a civil lawsuit against the individual who subdued them with the help of civil rights lawyers in Maryland. They claim that they have suffered harm, much like those struck by a car. The victim may suffer indignity, bodily injury, or even damage to their public image due to being apprehended.
Infringing On A Citizen’s Rights
You may file a civil rights complaint if you believe that a law enforcement representative wrongfully arrested them. “Section 1983” suits refer to the federal statute, United States Code Section 1983, that permits these civil rights civil suits. There are federal district court lawsuits in this case.
To file a 1983 lawsuit, a person must show that the police or corrections officers used unreasonable force against them or experienced harm due to an unlawful search. Suing the individuals involved, their superiors, and a city or county government that employed them is a common strategy in these cases with which Baltimore civil rights litigation attorneys can assist.
Conversely, if you get into an altercation with an off-duty police officer who isn’t wearing a uniform, you can’t sue for civil rights violations because the officer isn’t acting in his official capacity as an agent of the state.
How a Civil Lawyer Baltimore MD Can Help
After being detained or arrested without a valid reason, you need to contact a Maryland civil rights attorney at the Law Offices of Kim Parker P.A. immediately to discuss your situation. Until you meet with MD false arrest attorneys, do not make any statements or file a complaint with the police or investigators.
An experienced local attorney representing clients in local courts is your best source of legal advice if they violated your rights or have criminal charges filed against you.