False Arrest Attorney California

If you have been the victim of a False Arrest in California, you may be entitled to substantial compensation. Call us at 800-816-1529.

Important General Information Regarding Your False Arrest Accident Case

• If you have already been the victim of a False Arrest accident in the state of California, you should immediately stop reading and call our law firm at (800) 816-1529 Ext. 1 for a free telephone consultation. We will let you know over the phone if we believe you have a case and if we can assist you.
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Legal Redress for False Arrest Victims

Police officers in the United States cannot arbitrarily arrest anyone. A lawful arrest must be made. To make an arrest, law enforcement must have probable cause or a warrant. False arrest occurs when a person is detained in violation of the law. In a civil lawsuit, police officers and their departments can be held liable for false arrest.

What Evidence Is Required to Prove a False Arrest in California?

To prevail in a civil lawsuit for false arrest, you must demonstrate the following:

• You were arrested without a warrant or with an invalid warrant.
• You were indeed harmed.
• Police conduct played a significant role in causing the harm you sustained.

To avoid liability, the officer must demonstrate that the arrest was reasonable under the circumstances. The officer may assert that he or she had probable cause to make the arrest or that he or she believed the arrest warrant to be valid in good faith. Police officers have probable cause to make an arrest under two circumstances:

1) The suspect committed a crime in the officer’s presence, or

2) The officer has reasonable suspicion that the suspect has committed a felony.

What might render a warrant invalid?

• Even if the officer has a valid arrest warrant, an unlawful arrest may occur if the warrant is invalid. Any of the following can render an arrest warrant null and void:
• The police lied to the judge who issued the arrest warrant about the existence of probable cause. False statements made by the police must be integral to the determination of probable cause in order to invalidate a warrant. False statements do not invalidate a warrant if the judge could have established probable cause without them.
• The warrant does not indicate which court issued it.
• The arrest warrant fails to name or adequately identify the individual to be arrested.
• The arrest warrant fails to specify the crime for which the individual is to be arrested.

When is an arrest not permitted?

The law of California restricts the discretion of police officers as to when they may arrest and detain a person and whether they may imprison that person. In general, officers are not permitted to make arrests for certain violations and misdemeanors. The exceptions are when a person fails to present a valid driver’s license or identification, refuses to provide a thumbprint or fingerprint, or fails to sign the written “Notice to Appear” that is included with a ticket.

In general, police officers cannot make an arrest for a misdemeanor that occurred outside of their presence. There are exceptions to this rule, such as when an individual is arrested for driving under the influence or for domestic assault and battery.

Even if the misdemeanor was committed in the officer’s presence, an officer cannot arrest a person for an old offense. If the arrest is not made within a reasonable amount of time, it is illegal. The officer may however detain the person who committed the old misdemeanor in order to obtain information for an arrest warrant.

What Options Are Available for False Arrest?

For wrongful arrest, the law provides recourse and legal remedies. If you are facing criminal charges, your attorney may file a motion with the court to suppress evidence. A complaint can be filed against the officer.

You may have the right to sue the officer and the department in civil court for monetary damages.

In a false arrest lawsuit, you may also request that the police department fire the officer who committed the offense, retrain their officers, or alter their arrest policies.

Contact The Law Offices of Norman Gregory Fernandez & Associates at 800-816-1529 if you have been falsely arrested. During a no-cost consultation, we can advise you on your legal options.

Cases of False Arrest in California

False arrest is the intentional unlawful capture and detention of a person against their will by an individual who lacks legal authority, without justification or consent.

The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures.

From a law enforcement perspective, the Police are not permitted to arrest you unless they have probable cause that you have committed a crime.

They cannot harass you, place you in custody, and then fabricate a reason to arrest you later. They cannot pull you over or arrest you based on your race. If you protest directly to the police, they may invent a resisting arrest charge against you.

If you are confronted with the situations listed above, your best option is to remain silent and contact us as soon as possible. We are wrongful arrest attorneys.

Anyone, including the police, security personnel, shopping mall security, store personnel, doctors or nurses, and others, who unlawfully restricts a person’s personal freedom or ability to leave a room, a vehicle, or another geographical area may be liable for false arrest.

False arrest for an alleged crime, wrongful arrest, and subsequent incarceration is unquestionably a traumatic and emotionally taxing experience for the victim.

Typically, an arrest can result in a lengthy, humiliating, and terrifying prison sentence.

Even when falsely arrested and imprisoned for only one day, the psychological damage is typically significant. In addition to the terrifying aspects of the event, there is the possibility of severe damage to a person‘s reputation, career, loss of employment, inability to find new employment, etc.

The harm caused by wrongful and false arrest can be exacerbated if the victim is also subjected to humiliation, sexual harassment/abuse, physical abuse, or manhandling during the arrest process.

In California, you must file a claim against a public law enforcement agency within six months of the wrongful arrest. If the claim is denied in writing within 45 days, you have six months to file a lawsuit in California Superior Court for False Arrest.

If you believe you were wrongfully arrested without legal justification or your consent, please contact us at 800-816-1529 for a free consultation. We are False Arrest Attorneys in California.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

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