Wrongful
Arrest, False Imprisonment and Compensation
A wrongful arrest, also known as a false arrest or
unlawful arrest, occurs when a person has been held without proper legal
authority. This type of arrest can be committed by police officers and private
security companies when they arrest or detain someone without probable cause.
Victims of unlawful arrest may file for damages in a civil court, but they will
need to hire a lawyer who specializes in false arrest lawsuits.
Wrongful
Arrest and False Imprisonment
Wrongful arrest and false imprisonment are interchangeable
in some cases. For example, if a police officer wrongfully arrests and detains
someone than false imprisonment and false arrest may be committed at the same
time; likewise, if a security guard wrongly accuses someone of shoplifting and
detains them until the police arrive than the security guard may have committed
false arrest (or a false citizen’s arrest) and false imprisonment.
However, in some instances false imprisonment may
occur without false arrest. In these cases, an individual is unlawfully
restricting a person from movement – and many of these cases are associated
with domestic violence or assault incidences. For example, a woman’s partner
prevents her from leaving the home when she wants to leave – her partner could
be charged with false imprisonment but not false arrest.
Compensation
for a Wrongful Arrest
Victims of an unlawful arrest may sue the offending
party to receive compensation for the costs associated with the arrest – and
they may also fight to have the arrest removed from their record. However,
compensation for the arrest will need to be handled in a civil court and the
victim will need a lawyer to challenge the arrest and argue for the
compensation amount.
If a wrongful arrest has occurred – time is of the essence. A statute of
limitations restricts the amount of time a person can wait before they file a
civil suit against their arrest, so it is important to speak with a
lawyer as soon as possible if you – or someone you know – has been the victim
of a false arrest. If lawyer fees are a concern, many lawyers will take the
case for a predetermined percentage of the future settlement award.
