False Arrest Lawsuit Attorney in Los Angeles

People throw around the term “false arrest” quiet easily, and there are certainly enough stories in the news about police misconduct that have made these words familiar to the general public. But what is “false” arrest” or “false imprisonment” in a legal sense? And why is it important that we know this information? The truth is, many people assume that brutality and other illegal acts by law enforcement happen in certain areas and only to certain individuals. The truth is, anyone can be victimized by rogue and overzealous officers that have no problem violating one’s legal rights. Even if there is no intention to cause harm, inexperience, poor judgement, and being unfit for the job can also result in a false arrest and other legal violations.

It’s essential to remember that you have rights when it comes to an arrest and other forms of detainment by the police. While these professionals have the right to place someone under arrest, they cannot violate strict protocols and state / federal laws, like the Fourth Amendment of the U.S. Constitution. This federal statute requires police to have a valid arrest warrant or probable cause of criminality before they can place individuals under arrest. If you were falsely arrested or suffered any other kind of police misconduct (assault and battery, for example), you may have ground to file a lawsuit for:

• Cost of medical treatments and services, including psychological counseling
• Lost wages and other income sources due to your medical needs and long-term health effects
• Pain and suffering
• Emotional distress
• Damage to or loss of property
• Punitive damages

The false arrest lawyers of Kenmore Law Group can help you take action on a civil claim and ensure that the offenders pay for their wrongdoing. Contact us today and let us guide you through the legal system, one step at a time.

How to Prove that You were Falsely Arrested

All personal injury lawsuits require evidence to support allegations of negligence or intentional misconduct by another party. So, let’s take a look at the elements that must be proven in order to proceed with a false imprisonment or false arrest lawsuit:

• You were arrested by a police officer when there was a lack of probable cause or a valid arrest warrant
• The actions by the police officer caused you physical / emotional harm.
• You can show that the officer’s actions played a significant role in the harm you suffered.

You may be wondering about the meaning of probable cause, which many people only hear about through TV shows and movies. To put it simply, probable cause generally involves one of the following circumstances:

• The arresting official witnesses the suspect in the commission of a criminal act
• The officer has reason to believe that the suspect is committing or has committed a crime.

Validity of Arrest Warrants under California Law

When we hear about people being arrested, we don’t really stop to think about the validity of the warrant that allows for the arrest. These things are signed off by a judge, so surely, everything is legit, right? That may not be the case, however, as all warrants for arrests, searches, and seizures must comply with the California Penal Code. Examples of conditions that violate the Penal Code in reference to an arrest warrant include:

• Law enforcement officials used false statements in order to obtain the warrant
• There was a lack of probable cause to suspect that the individual was guilty of a crime
• The issuing court is not explicitly named on the arrest warrant
• The reason for placing the suspect under arrest is not clearly defined
• The suspect is not clearly identified in the warrant (creates possibility of mistaken identity)

What are My Rights after a False Arrest?

Those who are falsely arrested or detained in California may have grounds to seek monetary damages through the civil court system. You can file a lawsuit against the arresting officer / officers, and probably their employer (the police department, sheriff’s department, etc.). If you succeed in proving your case, you may receive numerous forms of compensation for monetary losses and psychological suffering.

As the right legal strategy varies from one case to another, you should discuss your rights and legal options with one of our legal experts. Our goal is to secure the maximum amount you are entitled to, but that is not the only consideration when it comes to a lawsuit. When there is accountability by the guilty party, the victim feels a sense of empowerment and resolution. Additionally, such legal cases can have a profound impact on victim’s rights and lead to changes that help others in similar situations.

Seeking Help from a False Arrest Lawsuit Attorney

The LAPD and many other police departments in the U.S. have faced growing criticism over the years, and most of it has to do with police misconduct against members of the public. Essentially, there is a systemic problem of cops abusing their position and power, and the ones who are affected may not be aware of their rights after an illegal arrest or excessive violence during an arrest.

The police are not above the law, and there are legal actions you can take as a victim of police brutality and other abuses. We understand that victims are afraid to speak out, and ultimately, going through with a lawsuit is a personal choice. But the impact of these incidents causes life-long trauma and knowing that the guilty party got away it scot-free only makes things worse. We advise that you take some time to speak with us and see if a false arrest claim against the police is right for you.

Zero Fee Guarantee

Victims of wrongful arrests are vulnerable to intimidation and other tactics by police, and they are often deterred from seeking legal advice from a qualified attorney. Our law firm has been fighting for the rights of police corruption victims for many years, and we know that this is a complex, sensitive matter. Our goal is to provide compassionate advice and help you make the best possible decision for yourself and your loved ones.

As part of our commitment to those who are abused by law enforcement officials, we promise that you will never be asked to pay out of pocket for legal services. All costs associated with your case are charged to the party at fault and included in your settlement or jury award. If we do not secure a resolution in your favor, there is a Zero Fee Guarantee to ensure that you pay $0.

To begin the process with a free case evaluation, reach out to us 24 hours a day, 7 days a week.