Riverside False Arrest Lawyer

Riverside False Arrest Attorney

A false arrest can impact your reputation, job, and family life. It can also lead to significant trauma. At Greg Peacock Law, a Riverside false arrest lawyer can help fight to hold those accountable for their actions. We have significant experience with civil rights litigation and know how to defend your rights against unjust treatment by law enforcement.

False Arrest

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What Constitutes a False Arrest?

In 2023, California saw close to 800,000 arrests, with both misdemeanor and felony charges. False accusations happen, usually because of untrue testimony against the accused.

A false arrest, or unlawful arrest, happens when a person is taken into custody without probable cause or a valid arrest warrant. This is a violation of your rights granted by the U.S. Constitution, which is meant to protect individuals from unreasonable searches and seizures. In California, false arrests can happen under various circumstances, such as:

• Lack of probable cause
• Mistaken identity
• Malicious intent
• Warrant errors
• Private party involvement

False arrests can happen during traffic stops, in domestic disputes, or during protests, among many other situations. Not every wrongful arrest is immediately obvious. That’s why the team at Greg Peacock Law thoroughly investigates your case on your behalf to draw out the truth.

Your Rights After a False Arrest in California

A false arrest is not just a procedural mistake. It’s a violation of your rights. Federal law gives you the right to be free from unlawful detention. If this is not the case, you may be eligible for compensation.

At Greg Peacock Law, we hold a deep understanding of these laws and use them strategically to build your defense. Whether your arrest occurred by a private entity, the Riverside Police Department, or the Riverside County Sheriff’s Office, we aggressively fight to defend your rights.

Common Causes for a False Arrest

False arrest doesn’t always come because of malicious intent. Arrests are likely to happen due to negligence, poor training, or a systemic flaw. Frequent causes include:

• Arresting the wrong person based on assumption or appearance
• Over-policing certain neighborhoods. Disproportionate surveillance and arrests in minority communities
• Racial profiling. Targeting individuals based on ethnicity or race
• Fabricated reports. Planted evidence or false testimony
• Failure to investigate. Arresting without verifying alibis or interviewing witnesses

What Compensation Can You Recover After a False Arrest?

Victims of a false arrest suffer both financially and emotionally. A successful civil rights claim can provide compensation for these harms and hold wrongdoers accountable. You may be able to receive compensation for the following:

• Loss of income from time missed at work or because of job loss
• Emotional distress, such as anxiety, PTSD, and humiliation
• Reputational damage
• Physical harm, such as injuries sustained during the arrest or while detained
• Legal fees related to defending yourself in court
• Punitive damages if the case involved an abuse of power or particularly egregious actions

Greg Peacock Law utilizes economists, medical professionals, and investigators to ensure that every injury is fully documented to maximize the compensation you receive.

Who Is Liable in a False Arrest Case?

Depending on the circumstances, there may be multiple parties responsible for your false arrest in Riverside. Police officers may be held responsible for their actions if they violate your federal civil rights. However, they may also claim qualified immunity, which can make these cases particularly difficult.

The police department and local government may also be held responsible if the false arrest resulted from a lack of training or local policy.

Private citizens or security guards may also face claims if they falsely imprison you or defame your character. Retail stores, malls, or schools that allow security to detain individuals may also face civil liability for false arrest.

FAQs About Riverside, CA False Arrest Laws

Can You File a Claim for False Arrest in California?

Yes, in California, you can file a claim for false arrest if you were unlawfully detained without probable cause or a warrant. False arrest is a violation of your civil rights. Victims can pursue damages for lost wages, reputational harm, and emotional distress. Since claims against government entities have strict deadlines and procedural rules, it’s important to act quickly after a false arrest.

Is a False Arrest Covered by Insurance?

Certain types of liability coverage may cover false arrests. This is particularly applicable to businesses and security companies. Policies often include personal injury coverage for false arrest, imprisonment, and malicious prosecution. Coverage depends on the specific terms of the policy and whether the incident came from intentional or negligent conduct. Government agencies are also likely to have coverage for claims that involve police misconduct.

What Is an Example of a False Arrest?

An example of a false arrest may include if a person is detained by the police without probable cause or a valid warrant. If someone is handcuffed and taken into custody based solely on an anonymous tip, this would constitute a false arrest without corroborating evidence. In cases like this, constitutional rights are violated, and legal action may be necessary.

What Is a 1983 Claim for False Arrest?

A 1983 refers to a claim filed under 42 U.S. Code 1983, which grants individuals the right to file a claim against a state entity for the violation of constitutional rights. For example, a person can file a false arrest claim against law enforcement if they were arrested without probable cause. The victim must be able to demonstrate that the officer deprived them of their legal rights for the case to be successful.

Contact a Riverside False Arrest Lawyer

Greg Peacock Law offers a deep commitment to fighting for justice and accountability from law enforcement. Our team understands the stress you’re undergoing against government entities. We hold a thorough understanding of the Riverside court system, law enforcement procedures, and your civil rights.

Whether your arrest was due to mistaken identity, police misconduct, or unlawful security detention, we’re ready to stand with you and pursue the compensation and accountability you deserve. Contact us today to schedule your initial consultation and let our Riverside false arrest lawyers advocate for you.