Victorville False Arrest Lawyer

Victorville False Arrest Attorney

Being arrested is already stressful, but an unjust arrest can be especially jarring. It can upend your life, damage your reputation, and cause emotional trauma. That’s why Greg Peacock Law’s Victorville false arrest lawyers work to hold police and government entities accountable for illegal arrests or the misuse of their authority.

False Arrest

Call Greg Peacock Law today at
(949) 292-7478 for your Free Consultation!

Free Consultation!

Understanding False Arrests

In 2022, over 49.1 million people were stopped by police, with over 20.2 million of these being police-initiated. This resulted in 96,857 arrests.

An unlawful arrest or wrongful imprisonment occurs when someone is detained without legal justification. U.S. citizens are supposed to be protected from unreasonable seizures by the Fourth Amendment in the Constitution—but this isn’t always the case.

In legal terms, a false arrest basically means:

• You were intentionally confined or restrained by law enforcement.
• You were aware of the confinement.
• You didn’t consent to it.
• The confinement was not legally justified.

A Victorville false arrest attorney evaluates your case and determines if your rights were violated. If so, they’re able to help you pursue compensation for the harm you’ve suffered.

Common Types of False Arrests

False arrest can happen in different ways. There are some common situations that arise more than others. These include:

• Arrest without probable cause. Police must have probable cause to make an arrest. This simply means they need reasonable grounds to believe the person committed a crime. If you’re detained without sufficient evidence against you, the arrest may be unlawful.
• Misidentification. In high-pressure situations, officers sometimes arrest the wrong person. This can happen because of eyewitness misidentification, flawed photo lineups, and even racial profiling.
• Retaliatory or malicious arrests. Some arrests are made out of retaliation. This may happen if a person questions an officer’s conduct, refuses an unlawful order, or records their interaction with police.
• Arrests made under invalid warrants. An expired, forged, or improperly issued document can’t justify arresting you.
• Private security or citizens’ arrests. False arrest cases can also involve security guards, store employees, and private citizens who try to detain you without justifiable cause.

Consequences of a False Arrest in Victorville, CA

A false arrest in Victorville, CA can be embarrassing. It can also ruin your reputation and career. Your mental health could also suffer in the aftermath.

Some consequences may include:

• Loss of employment or professional licensure
• Public humiliation
• Emotional distress, such as depression, anxiety, and PTSD
• Damage to relationships
• Financial hardship
• Physical harm if rough treatment was involved

At Greg Peacock Law, we fight aggressively to help victims rebuild their lives and secure the compensation they need to make things right.

Your Rights When You’re Arrested in Victorville, CA

If you’re stopped or arrested in San Bernardino County, you have certain rights that officers are expected to respect. For instance, you have the right to remain silent and not answer questions unless you have a lawyer present. Everyone has the right to an attorney.

Police must have a valid reason for your arrest, and you have the right to know that reason. You’re also to be free from excessive force used by the arresting officers.

After the arrest, you have a right to a speedy arraignment, where you’re brought before a judge to hear the charges. If any rights were violated, you may have a false arrest claim.

Gathering Proof in a False Arrest Case

Proving a false arrest requires establishing that law enforcement acted without legal justification. Some of the evidence that can help support your case includes:

• Witness statements
• Body camera footage
• Dashcam videos
• Police reports and dispatch records
• Warrant documentation
• Medical records
• Surveillance footage from the scene
• Social media evidence showing what happened

Damages You Can Recover in a False Arrest in Victorville

False arrest victims in California may be entitled to compensation in various forms. These damages can be broken down by:

• Economic damages. Lost wages, medical expenses, legal costs, and financial losses
• Non-economic damages. Emotional distress, humiliation, mental anguish, loss of enjoyment in life
• Punitive damages. Additional punishment for misconduct

Greg Peacock Law fights to ensure victims receive full and fair compensation for the unlawful arrest.

Why Choose Greg Peacock Law?

Greg Peacock Law offers experienced, results-driven representation for false arrest and police misconduct cases. Clients trust his proven track record and local insight when it comes to restoring their freedoms.

FAQs About Victorville, CA False Arrest Laws

Can You Sue for False Arrest in California?

In California, you can sue for false arrest if you were detained without justification. Victims of false arrest can file a civil claim against the responsible officer, law enforcement agency, or private citizen who caused the arrest. The claim could result in receiving compensation for lost wages, emotional distress, and reputational harm.

Can You Press Charges Against Someone for Making False Accusations in California?

Yes. In California, you can pursue a civil claim if someone knowingly made a false accusation against you. You can file for defamation of character, slander, or libel to recover damages. The accuser may also face criminal charges. A false police report is a misdemeanor in the state. An experienced Victorville false arrest attorney can help you better understand your legal options.

What Is the Difference Between False Arrest and Wrongful Arrest?

False arrest and wrongful arrest are often used interchangeably. However, they have slightly different legal concepts behind them. A false arrest occurs when someone is detained without legal authority. A wrongful arrest may include false arrest, but it also involves an arrest made with improper legal procedures, mistaken identity, or malicious intent. Both types of arrests violate rights and can justify a civil suit.

Is False Arrest a Civil Rights Violation?

Yes, false arrest can constitute a civil violation under federal and state law. The Fourth Amendment protects against unlawful seizure, and when police arrest someone without probable cause, they infringe upon these Constitutional rights. Successful claims can lead to compensation for lost income and other damages. A civil claim can also keep law enforcement accountable for their actions to prevent such misconduct in the future.

Hire a False Arrest Lawyer in Victorville, CA

Contact Greg Peacock Law today to schedule a consultation. Hire a false arrest lawyer and let us investigate your case and fight to restore your freedom and dignity after a false arrest.