Victims of unlawful arrest or detainment can take legal action to ensure they are properly compensated and receive justice. To help you decide if you should pursue legal action, the following is a review of this subject matter and what action victims can take.
What Is Unlawful Arrest Or Detainment?
An unlawful arrest, also called a false arrest, is the act of holding an individual in custody without them having committed a crime and without probable cause. Unlawful detainment occurs when an individual or group detains or restricts the movement of an individual unlawfully and without consent.
False arrest or detainment takes place in many forms and for many different reasons. As it relates to law enforcement, it could take place during a traffic stop, while in public or at the victim’s home. If the victim can prove they were held against their will or arrested without legal justification, then they are entitled to legal action and potential compensation.
What Action Can Victims Take?
Victims of unlawful arrest or unlawful detainment can file a complaint against the law enforcement officials involved, submit an exclusionary motion or file a lawsuit demanding an injunction or seek retribution for monetary damages.
Submit A Complaint
For less egregious offenses, victims of unlawful arrest or detainment can simply choose to file a complaint against the law enforcement official(s) involved. This may lead to repercussions against the officer, including possibly being suspended or fired by the department.
Exclusionary Motion
Unlawful arrest or detainment cannot be used against you in a court case. To ensure it is not, the victim can submit an exclusionary motion. If approved by the court, the evidence related to the unlawful arrest or detainment cannot be used. Often, this leads to the prosecutors dropping all charges.
File A Lawsuit
There are two different reasons a victim of unlawful arrest or detainment may file a lawsuit. First, the lawsuit can demand an injunction. This asks the court to force the police department or local government to take action.
For example, an injunction may be filed to relocate, suspend or fire a particular office or to change a law or policy that may have led to the unlawful arrest or detainment. The other option is to file a lawsuit seeking monetary damages from a damaged reputation or an inability to earn an income due to the event.
The Benefits of Working with an Attorney
An experienced attorney also knows how to negotiate settlements and challenge counter-evidence. Most notably, working with an attorney gives you a much better chance of having you meet your goals, whether it is to have the arrest or detainment excluded or to compensate you for monetary damage.
Contact A Knowledgeable Attorney
Our team at The Brown Firm works with clients who have been affected by unlawful arrests. If you feel you are the victim of unlawful arrest or detainment, then contact us by phone or email today to learn what legal action you can take. You can reach us by phone at 703.828.0900 or contact us online.
