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False Arrest Questions

False arrest occurs when a person is unlawfully held against their will by law enforcement. In some situations, the charge could be considered false imprisonment if that person were to be illegally detained or transported. While it's hard to prove a false arrest, once proven a person is sometimes able to recover punitive damages from those responsible for the illegal arrest. Below are a few of the more commonly asked questions regarding false arrest that have been answered by Experts.

Because of a false arrest I spent 30 days in jail and was on probation. Is there anything that can be done about this injustice?

You could always try to sue the police department, the District Attorney and the county who are responsible for the false arrest. A lawsuit is based off of a cause of action. You would need at least one cause of action in order to file suit.

While you can file several causes' action together, you must be able to show that you can fulfill the elements of each cause. Here is an example; in order to prove negligence, you must 1. Show a duty was owed to the Plaintiff and 2. The defendant breached that duty.

There just isn't enough time to discuss all of the elements that pertain to each cause of action. However, based on what you have said, you may possibly have a lawsuit based on the following causes of action: negligence, malicious prosecution, false imprisonment, and infliction of emotional distress, defamation of character, slander, and libel.

In order to win a lawsuit such as this, you would have to convince the jury that the police and the district attorney both acted maliciously. This is going to be hard to prove.

Generally, lawsuits are set up as a bench trial where a judge hears the case and decides the outcome; however, either party can request a jury trial.

Regardless of a bench trial or jury trial, in order to win your lawsuit, the judge and jury will have to decide whether the element of each cause is satisfied. If the court finds in your favor, they will determine the amount of damages that you should receive. You may even have your attorney fees and any other legal fees attached to the award.

Many of these cases are handled out of court with nothing more than a demand letter from an attorney. To avoid a lengthy trial and court expenses, most parties opt to settle out of court. Try to find an attorney who will work on contingency (the attorney doesn't get paid unless you do). The attorney would collect around 33% of the court award if you win your case.

Is there a time limit to notify jurisdiction of federal- false arrest and deprivation of rights? After being arrested and detained, all charges were dropped.

Without knowing the full scope of the situation, it would be hard to determine what exact claims you could have. However, due to the charges being dismissed, you may have a case. You should speak with an attorney and let them decide whether you have a case or not.

As far as what type of attorney, you should try to find an attorney who has dealt with suing the federal government. An attorney who is familiar with the Federal Tort Claims Act will probably best suit your needs. If you cannot find a local attorney, you can contact your local bar lawyer referral service and tell them you need a government litigation attorney.

I have a false arrest, and Deprivation of Rights, violation(s) against the Federal Government and the statute of limitations is almost up. I can't find an attorney to assist me with the lawsuit; can I represent myself in court?

In order to preserve you Statute of Limitations, you may need to file the lawsuit pro se. To find out the information and proper forms needed, you need to find pro se litigants manual from the Federal court. You can also make a copy of the federal rules of Civil Procedure and federal rules of evidence at your local library.

I loaned a man money and held the title to a travel trailer as collateral. Months passed and the man never paid me. I transferred the trainer to my name and was arrested for theft but the charges were later dropped. Isn't this false arrest?

When you transferred the trailer title, you didn't follow the proper procedure, therefore, that put you at risk for an arrest. The police only require probable cause to make an arrest. In order for this situation to be considered a false arrest, you would have to prove that the prosecutor or the police department acted in a malicious way when you were arrested. The only thing the police had to go by is the fact that you obtained the title through improper means.

There are times when a person has been subjected to a false arrest. Many times it is too hard to prove a false arrest due to the elements involved. Many people are unaware of how difficult it may be to present a case concerning false arrest. If you have questions or concerns about false arrest, you should ask an Expert for legal assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Recent False Arrest Questions

  • for a civil federal case attorney What is a reasonable contingency

    for a civil federal case attorney
    What is a reasonable contingency fee for a federal 1983 false arrest case involving a local sheriffs department if the case is settled through mediation.
  • My neighbor filed a false arrest warrant on me for making terrorist

    My neighbor filed a false arrest warrant on me for making terrorist threats against her. I am disabled with stenosis of my spine, and other handicaps. I have never been arrested, have no criminal records, nothing. I was taken to the police locked-up , fingerprinted,and mug shots. I was so terrified, I passes out in the elevator when I saw the jail cells. After nine hours there I was finally released.the charges were dropped. My question:can I sue her or the police dept for false arrest? I am a 63yr old female. By the way, the neighbor has been harrrassing me for over four years, and I found out later she is on psychotic meds and won't take them. I stay afraid. Because she also possesses a 38 handgun that she fires in the neighborhood when she wants to. Dwayne B what are my recourses?
  • Can I citizen arrest my wife without repercussion?

    My wife committed fraud against NYCHA and also Medicaid fraud that is unknown. I want to keep custody of our son; can I make a citizen’s arrest against her so she cannot win custody?

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