Whenever the police intend to arrest someone for a criminal offense, they must either have an arrest warrant signed by a judge, or they must establish probable cause to determine that the suspect is likely to have committed a crime. Failing to establish probable cause and arresting someone anyway would be a wrongful or false arrest. If you or a family member have experienced this, it is crucial to speak with a Long Beach false arrest lawyer right away.
The team at Greg Peacock Law has years of professional experience representing clients in a wide range of police misconduct cases in Long Beach and surrounding areas of California, including false arrest claims. If you believe a recent arrest was unlawful, it is vital to speak with the right attorney who can help you file a claim. A criminal defense lawyer can help prove your innocence in a criminal case, but a civil lawyer is necessary for pursuing accountability.
Whenever a member of the public believes they have experienced some form of police misconduct, they have the right to submit a formal complaint to the police department. However, this will often accomplish little more than creating an official record of the complaint, and it may or may not lead to any type of internal review or investigation. If you have been victimized by police misconduct, you need to speak with a lawyer who can help you file a civil suit.
Police officers only have probable cause to conduct lawful arrests in two possible scenarios. The first is if an individual commits a crime in the presence and view of the officer. The officer would be able to lawfully arrest the individual on the spot. The other scenario would be if the police officer establishes reasonable cause to suspect that the suspect has committed an offense, such as seeing open liquor containers inside the vehicle they were driving.
If the police arrest a person with an arrest warrant signed by a judge, it is still possible for such an arrest to be false or wrongful under certain conditions. For example, if the police made any false statements to the judge in order to secure the required signature, the arrest warrant would be invalid. The officer requesting the warrant must also accurately identify the suspect and provide evidence of probable cause.
In order to prove a false arrest case in Long Beach, the victim must prove that the police officer who arrested them did so without probable cause or a valid warrant. They must also prove that they suffered actual harm as a direct result of the wrongful arrest and that the conduct of the police officer in question was the direct cause of this harm. They must also be prepared to show the full extent of the damages they intend to claim from the defendant.
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If a false arrest led to a criminal case against you, you would need a criminal defense attorney to represent you in these proceedings and prevent you from facing unjust consequences that violate your rights. However, a civil attorney will be necessary if you intend to pursue legal recourse for any type of police misconduct. Greg Peacock Law can provide the comprehensive legal counsel you need for such a case.
If you can successfully prove that your arrest was wrongful and you suffered harm as a result, it is possible to claim compensation for various damages. You may be able to sue the police officer who conducted the false arrest and/or their police department for:
In addition to recovering compensation for your damages, a Long Beach false arrest lawyer can also help you file an injunction against the police department with jurisdiction over the officer who conducted your arrest. This may force the police department to fire the officer in question, conduct strict retraining for their officers, or adjust their existing arrest procedures to prevent similar incidents from happening in the future.
A police misconduct case is an inherently complex and daunting form of civil claim that demands the attention of experienced legal counsel. The right attorney can help you approach the situation with confidence, and you will have a much better chance of securing a positive result with their help. Greg Peacock Law accepts police misconduct cases on a contingency fee basis, so there is no fee unless and until we recover compensation for your damages.
You face a strict time limit for filing any type of police misconduct case in Long Beach, so it is vital that you connect with a legal team you can trust as soon as possible. Greg Peacock Law has the skills and experience necessary to help you through your false arrest case. Contact our team today to schedule a consultation with a Long Beach false arrest lawyer you can trust with your case.