Orange County False Arrest Lawyer
Orange County False Arrest Attorney
Being arrested under any circumstances can be a frustrating and overwhelming event. Your stress can only increase when in custody due to police misconduct. If you have been wrongfully detained or charged in Southern California, an Orange County false arrest lawyer can defend you against wrongful police behavior and fight to get the justice you deserve.
About Us
Our team at Greg Peacock Law has spent years assisting the people of Orange County, Long Beach, and other Southern California community members with their false arrest cases. Founder Greg Peacock primarily focuses on all types of police misconduct, ranging from illegal search and seizure to wrongful death by law enforcement. Greg is passionate about standing up for people against corrupt institutions and bad actors within police agencies.
Overview of Misconduct in California
False arrests are a serious concern for Californians. A 2023 release from the Commission on Peace Officer Standards and Training reported 40,854 reports of misconduct, with 16,822 accounting for physical abuse or excessive force, and 12,530 incidents of demonstrating bias. Orange County’s Sheriff Department is ranked 209th out of 231 different law enforcement agencies examined for use of force and accountability.
False arrest claims in Orange County are a civil law matter and are processed through the Civil Division of the Orange County Superior Court. The central courtroom is located at 751 W Santa Ana Blvd, Santa Ana, CA 92701.
What Is a False Arrest?
False, or unlawful, arrest occurs when a police officer takes someone into custody without provable cause, a warrant, or any lawful reason. Common causes for false arrests in California include:
- Mistaken identity. Officers may arrest the wrong person due to similarities in appearance or circumstance.
- Discrimination or bias. This is a more malicious version of mistaken identity, where a police officer falsely arrests someone based on predetermined biases.
- Falsified evidence. Some officers may use fake evidence, false statements, or misrepresent the facts of a situation to take someone into custody.
- Lack of probable cause. In California, probable cause must be present for law enforcement to make a warrantless arrest.
- Reckless conduct. The arrest was based on either an intentional or reckless disregard for your rights.
Hire a False Arrest Lawyer in Orange County, CA
Pursuing a claim of false arrest on your own can be an intimidating and overwhelming undertaking. Hire a false arrest lawyer to assist with your case. The following are the steps to a claim with which your Orange County false arrest attorney can help.
Build Your Case
The first step to a false arrest case is to collect evidence. An attorney can aid you in gathering supporting evidence that demonstrates police misconduct. Videos of the incident, witness testimony, body cam or surveillance footage, photos of injuries or property damage, and paperwork from the arrest can help build your case.
Once you have a base of evidence, experienced legal counsel can review the details and advise on which specific statutes were broken during the unlawful arrest.
Drafting Documents
File a complaint and claim. The first step to filing any claims against a government employee is to submit a complaint with the Department of General Services within six months of the false arrest.
If your case is denied or rejected, you then have an additional six months from the written denial to file a claim against the arresting officer. A lawyer can draft your initial complaint, claim, and other documents necessary for your case.
Negotiations and Litigation
The vast majority of all civil claims are settled before reaching trial. Greg Peacock Law can negotiate on your behalf during the pre-trial period to get the compensation you deserve. If an agreement cannot be met, we can represent you both in and out of the courtroom until the case’s conclusion.
FAQs About Orange County, CA False Arrest Laws
How Do You Prove False Arrest in California?
How you prove that a false arrest occurred by a California police officer is based on the details of your claim. For example, in false traffic stops and arrests, a common strategy is to demonstrate that the officer had no probable cause to pull you over. Your Orange County false arrest attorney can analyze your case and discuss which elements can be used to prove that your arrest was illegal.
How Much Does a False Arrest Lawyer Cost in California?
How much your California false arrest lawyer costs depends on the complexity of your case, the work hours it requires, and the type of misconduct that occurred. A simple false arrest claim with overwhelming evidence and a party eager to settle tends to be cheaper than representation for a case involving a fatality and a lengthy trial. Greg Peacock Law can provide a rough estimate for what your total costs may be in our initial consultation with you.
What Compensation Can You Receive for False Arrest Claims in California?
The type of compensation you are eligible for in a California false arrest claim changes in relation to its impact on your life. Economic damages account for how the event harmed your financial standing, such as lost wages, medical expenses, and legal fees. You may also qualify for non-economic damages, such as the damage to your reputation from the false arrest, the emotional distress, and trauma from the process.
How Long Do You Have to File a False Arrest Claim in California?
For false arrest claims in California, you have within six months of the incident to file your complaint with the Department of General Services. If your case is denied or rejected from consideration, you have an additional six months to file a claim against the offending officer. Some rare circumstances may allow for an extension if evidence was suppressed or other complications impeded you from notifying the Department of General Services.
Speak With an Orange County False Arrest Attorney Today
Greg Peacock Law understands how daunting it can be to file a claim against a law enforcement officer. We have the legal experience, knowledge, and skills that can make a positive impact on your case. Our team can fight to get the compensation you are owed.
Contact us today for an initial consultation, where we can learn your story and discuss your potential legal options. You may also visit our Newport Beach office, located on Birch Street, a few blocks north of the University of California, Irvine, and San Diego Creek.
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