How Much Can I Sue For False Arrest?
It’s no secret that any encounter with an officer of the law can be stressful, but it is even more so when you’re not planning on doing anything illegal.
Even when interactions with police officers go smoothly, they can violate your civil rights.
If an officer took you into custody without a justifiable reason or prevented movement free from unnecessary obstruction – that would be interference with freedom Civilians sometimes experience these events as well. Still, there are many ways for people who have been wrongly taken into custody by law enforcement officials to find out about them and get back their lives again.
How Much Can I Sue For False Arrest?
The amount you can sue for false arrest varies depending on the severity of the offense and the damages you have suffered.
If you were wrongfully arrested and held for a short time, you may be entitled to compensation for the trouble and worry you experienced.
However, if you were unlawfully detained for an extended period or subject to harsh conditions, you may also be able to recover punitive damages.
With a legal justification, the amount that you can sue for false arrest also depends on whether the arresting officer used excessive force during the arrest. If this happened to you, you might have legal recourse.
In wrongful arrest cases, the burden of proof lies on the Police. Therefore, false statements by police have to be integral to finding probable cause to invalidate a warrant.
If the arresting officers used excessive force, you might be able to sue for both compensatory and punitive damages. Contact an Expert Lawyer to discuss the specifics of your case as they will help in the police complaint to the lawful authority.
What Does A False Arrest Entail?
A false arrest occurs when law enforcement members restrict a person’s freedom of movement without authority. Probable cause exists when facts or circumstances within the arresting officer’s knowledge would lead a reasonable person to believe that the individual has committed a crime.
If an arresting officer does not have probable cause to make an arrest, the arrest may be considered a false arrest.
False arrests often occur when an individual is stopped by law enforcement and subsequently arrested without probable cause.
In some cases, an individual may be arrested based on another person’s word, even if there is no evidence to support the allegation.
Victims can also sue the officer and the police department for civil rights violations in a false arrest case on reasonable grounds.
False arrests can also occur when an individual is arrested for a crime that they did not commit.
When individuals are subjected to a false arrest, they may suffer several adverse consequences. For example, the individual may be held in jail until they can post bail or until their arraignment.
The individual may also miss work and school due to their arrest. In addition, the individual may suffer emotional trauma due to the arrest.
If you have been subjected to a false arrest, you may be able to file a lawsuit against the law enforcement officer or agency responsible for your arrest.
You may also be able to file a complaint with the Internal Affairs division of the law enforcement agency.
If you have been falsely arrested, you must speak with an experienced civil rights attorney who can help you understand your legal options.
Financial Consequences of False Arrest
In the United States, a wrongfully arrested person may sue the arresting authority for damages in a civil suit.
A false arrest is a type of false imprisonment carried out by a public official, such as a police officer, sheriff, or security guard.
The tort of false arrest/imprisonment allows the victim to recover damages from the person or entity that committed the tort.
A false arrest claim can be brought against police officers, private security guards, and store employees.
The key to a successful, false arrest claim is proving that the arresting individual did not have probable cause to make the arrest.
Probable cause exists when an officer has a reasonable belief, based on facts and circumstances, that a crime has been committed and that the person to be arrested committed the crime.
If you have been wrongfully arrested, you may be able to recover damages for:
- The cost of bail
- The cost of an attorney
- Court fees and fines
- Emotional distress
- Lost wages
- Other damages
How Much Money Do You Get If You Are Wrongfully Arrested?
The compensation claims for unlawful detention at the hands of police can be pretty high.
The amount starts at around S1000 per hour and increases depending on how long you were held captive in custody without being charged or convicted with anything heinous.
What Rights Do I Have If I’m Arrested?
You may be taken to the police station and held in custody before being questioned.
Depending on what happened during your arrest, you will then either be released or charged with a crime.
When you’re arrested, the cops have to:
- First, they identify themselves as cops.
- Then, inform you that you are being detained.
- Third, tell you what offense you’ve been charged with and why you’ve been arrested.
- Fourth, inform you that you are unable to depart.
The custody officer at the police station will explain your rights to you. You have the following rights while in custody:
- Understand why the police are detaining you.
- At any point, you can consult with a lawyer.
- Request that someone be informed of your location.
- If you don’t speak or understand English, you’ll need an interpreter.
- If you’re deaf or have other auditory difficulties, you may need assistance with communicating.
- If you are sick, seek medical attention.
- Seek a formal notification, or letter of rights, outlining your rights while in custody, including food and bathroom breaks.
If you believe you have been wrongfully arrested, you should contact an experienced civil rights attorney to discuss your legal options.
An attorney can help you gather evidence and build a solid case to prove your wrongful arrest claim.
Contact a civil rights attorney today to schedule a consultation.