What to Do If You’ve Been Falsely Arrested in California?

Unlawful or wrongful arrests happen when someone is detained without legal justification or probable cause. The Fourth Amendment should protect you from unreasonable searches and seizures, so a violation of this right is a serious offense. Knowing what to do if you’ve been falsely arrested in California is important for creating a successful case against the responsible party.

This guide takes a step-by-step approach to handling a false arrest to protect your rights and future.

False Arrests in California

After demonstrating bias and accounts of abuse, false arrests come in third for the most common allegations against law enforcement. False arrests can happen at the hands of police officers, private security guards, or even individual citizens. Some of the most common causes of false arrests include:

• Racial profiling
• Mistaken identity
• Malicious prosecution
• Clerical or database errors
• False or misleading witness statements
• Misuse of citizens’ arrest laws

Step 1. Remain Calm and Compliant

The first thing to keep in mind if you’re being arrested is to remain calm. This isn’t easy to do, especially if you’re being wrongfully arrested. However, resisting arrest, even in false cases, can lead to additional charges and escalate the situation.

Try to stay polite and non-confrontational. Keep your hands visible, avoiding any sudden movement. Clarify if you’re being detained or arrested, but remain silent if you’re being questioned.

Don’t physically resist the arrest or argue with the arresting officer, and never flee the scene. Even if the arrest is completely baseless, your reaction at that moment can impact your legal case. Your attorney can handle the rest.

Step 2. Exercise Your Right to Remain Quiet

U.S. residents have the right to remain silent under the Fifth Amendment. You do not legally have to answer questions without having a lawyer present. Instead, say that you are invoking your right to remain silent and that you want to speak with your lawyer.

Even if you’re innocent, anything you say can be twisted or misunderstood and used against you later on. Silence can be the strongest protection.

Step 3. Request Legal Representation Immediately

Everyone is entitled to legal representation. For instances of false arrest, you’ll need an experienced false arrest attorney. They’ll be able to challenge the legality of the arrest and argue for the dismissal of charges. A skilled lawyer can also help you file a civil claim for damages and advise you on whether your rights were violated.

A false arrest attorney can represent you during police interrogations. False arrest cases can involve complicated constitutional issues that require a strategic defense that only a skilled attorney can handle.

Step 4. Document Everything

Be sure to document everything that happened, including the details of the arrest and your interactions with law enforcement. Take note of the following:

• Date, time, and location of the arrest
• Names or badge numbers
• Any witnesses to the incident
• Video or audio recordings
• What was said or done during the arrest
• Any injuries sustained and necessary medical treatment

If you later decide to follow a civil claim, you’ll need all of this information for evidence.

Step 5. File a Police Misconduct Complaint

If you believe your arrest was not justified, you can file a formal complaint with the police department or agency that conducted the arrest. For Riverside residents, the local police department is located at 10540 Magnolia Ave.

This step does not guarantee that disciplinary actions will take place, but it puts your name on record and may prompt a review of the case.

Step 6. Filing a Civil Rights Claim

If you’ve been falsely arrested in California, you may be entitled to seek compensation for damages. You can file against the arresting officer, the department, or the municipality for damages.

Compensation may include:

• Loss of current or future income
• Legal fees
• Emotional distress
• Damage to reputation
• Physical injuries and medical bills
• Violation of rights

For success in a civil claim, you need to prove that your arrest lacked probable cause or was made with malicious intent or recklessness.

FAQs

Can I File a Claim Against Someone for Having Me Falsely Arrested?

Yes, if someone knowingly provided false information that led to your arrest, you may have grounds for a claim against them. You’ll need to prove that the individual made false accusations intentionally and without reasonable cause that led to law enforcement making an arrest. Damages can include emotional trauma, legal expenses, and harm to your reputation.

Can You File a Claim for Wrongful Conviction in California?

Individuals who are wrongfully convicted and later exonerated can file a claim in the State of California. They may also be eligible to file a federal civil rights claim against any parties responsible for failing to uphold justice. These types of claims generally allege violations like suppression of evidence or coerced confessions.

What if a Person Is Unlawfully Detained?

If someone is unlawfully detained, they have grounds for a claim of false imprisonment or a violation of constitutional rights. In California, a victim of unlawful detention can seek compensation from responsible parties, such as law enforcement, a business, or a private individual, for damages like emotional distress, lost income, and reputational harm. It’s important to document the incident thoroughly and consult with an attorney as soon as possible.

How Do You Defend Yourself Against False Accusations?

To defend against false accusations, remaining calm and having the right legal representation on your side is key. An attorney can help you gather evidence, locate witnesses, and tailor a defense strategy to your particular case. Document your whereabouts and any communications that support your innocence. Your lawyer may seek dismissal if criminal charges are involved.

Contact a False Arrest Lawyer Today

False arrests are a serious violation of your rights. With the right legal support and informed actions, you can protect yourself and seek justice.

Contact the experienced false arrest attorneys of Greg Peacock Law today to schedule a consultation. Let us help you get a better understanding of what to do if you’ve been falsely arrested in California.