Florida False Arrest Attorney
In general, police have the power to arrest someone under two sets of circumstances: Officers must either have a proper warrant issued by a court, or they need to have probable cause that the suspect has committed a criminal offense. While there can be issues related to the validity of a warrant, it is probable cause that raises the most questions in connection with an improper arrest. When taking you into custody amounts to false arrest and a violation of your civil rights, you may have legal options to seek compensation for your losses.
However, as you can probably imagine, bringing a false arrest or other civil rights claim against a law enforcement agency is extremely complicated. It is critical that you rely on our team at Halpern Santos & Pinkert, P.A. to pursue the responsible parties. We are dedicated to fighting for clients who were subjected to mistreatment by police, so please contact us to schedule a complimentary consultation with a Florida false arrest attorney. You might also benefit from reviewing some important information about these cases.
Legal Basis for Wrongful Arrest Cases
The underlying legal concept allowing individuals to seek damages for police misconduct is one of America’s most important civil rights laws, familiarly known as Section 1983. The statute gives private citizens the power to take action against federal, state, and local officials who violate their civil rights, including the Fourth Amendment right against unreasonable seizure. The statute overcomes the legal concept of immunity, which protects government officials from a civil lawsuit when they are performing the tasks related to their job. When law enforcement is properly carrying out their duties in arresting you, there is no case.
If police do not have a warrant or probable cause to believe a crime has been committed, however, the arrest is illegal. Note some special considerations regarding probable cause:
- The standard is whether there are sufficient facts to lead a reasonable person to believe that you committed a criminal offense.
- An officer is NOT liable if the information later turns out to be false; what matters is what he or she believed was true at the time of arrest.
Compensation for Victims of False Arrest
If you can prove that you were unlawfully arrested because police did not have probable cause to do so, you may be eligible to recover various types of damages. Our attorneys at Halpern Santos & Pinkert, P.A. will assist in helping you obtain:
- Economic damages, such as the medical costs and lost wages;
- Presumed damages for the violation of your civil rights;
- Pain, suffering, and emotional distress;
- Losses related to employment opportunities and your reputation; and,
- Many others.
Set up a Free Consultation with a Florida False Arrest Lawyer Today
To learn more about your rights and remedies as the subject of wrongful arrest, please contact Halpern Santos & Pinkert, P.A. to schedule a no-cost case evaluation with one of our attorneys. You can reach our Coral Gables, FL offices at 305-445-1111 or via our website.