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What should I do if I was falsely arrested?

On Behalf of | Sep 13, 2022 | Posts

When police believe that a crime has been committed, their mission is to find a suspect and make an arrest. In some cases, they end up arresting the wrong person. Wrongful arrest victims often don’t understand what the arrest is for. Nor do they know where to turn for help.

Not only can a false arrest be a terrifying ordeal, but it can also have a major impact on your life. You may suffer from emotional distress, mental anguish, loss of income and harm to your reputation. You may have also sustained physical injuries if you’re a victim of police brutality.

It’s critical that you speak to an experienced Nashville wrongful arrest attorney if you believe that you didn’t commit a crime. You may be eligible to recover compensation.

Factors that lead to wrongful arrest

Police are only there to enforce the law, not act as the judge and jury. Yet, they have the right to arrest and detain you if they have a legal justification to do so. Here are some possible reasons why a police officer wrongfully arrested you:

  • You fit the physical description of someone who committed a crime
  • A person wrongfully accused you of a crime and reported you to the police
  • A witness wrongfully named you in a crime
  • Police made an error in judgment that led to your arrest

What constitutes wrongful arrest?

The following factors often lead to a wrongful arrest:

  • Arrests and detainment without any legal justification — Police can’t make an arrest without a warrant, probable cause or suspicion that a crime was committed.
  • Arrest warrants obtained with false information — Police may be given the wrong name, address or other false information that could lead to your arrest.
  • Arrests made maliciously or for personal gain — In some cases, a police officer will make an arrest for personal gain, revenge or malicious intent against a civilian.

If any of these scenarios applied to your arrest, you may be able to pursue a false arrest or false imprisonment lawsuit. It must be proven that the police officer intended to confine you; you were awake, aware, and conscious of your confinement; you didn’t consent to your confinement; and the confinement wasn’t legally justified.

Why you need an experienced Nashville attorney on your side

When it comes to a false or wrongful arrest, the stakes are high. These cases are often complicated and require hard facts to prove that an officer acted negligently or maliciously. That’s why you need an experienced false arrest attorney on your side who can gather the facts to support your case. This may include speaking to witnesses, obtaining surveillance video footage and reviewing arrest documents. If you were accused or named in a crime, your attorney may look for evidence proving that you were not located at the scene of the crime at the time the crime was committed.

In addition, your attorney can help you recover damages accrued from your arrest. To find out how, contact Thompson Law in Nashville, TN and schedule your free and confidential legal consultation today.