Under our laws, police cannot simply stop and detain someone whenever they want. The Fourth Amendment of the United States Constitution and the Constitution of the State of Connecticut protects against unreasonable search and seizure, which includes unlawful arrest. Unfortunately, many police officers ignore the requirements for a lawful arrest and arrest people in violation of their constitutional rights. This is called a “false arrest.” If you believe you have been falsely arrested, you should discuss what happened with an experienced criminal defense attorney as soon as possible.
What Constitutes a False Arrest?
To prevent unreasonable seizure, police must have either an arrest warrant or probable cause to believe you have committed a crime to arrest you. If police place you under arrest without either of these, they have violated the law and your rights. Sometimes, a false arrest ends in your release shortly thereafter. In other cases, however, you can remain in custody for an extended period of time. False arrests can also be committed by security officers and others who make you believe they have the authority to arrest you.
What Are the Consequences of a False Arrest?
False arrests can be traumatic and result in mental and emotional injuries. In addition, false arrests can cause financial losses if you had to post bail, missed work while you were in custody, lost your job due to the arrest, had your car towed when you were arrested, or other costly consequences. Some false arrests can result in damage to your reputation and may even affect your child custody rights or other aspects of your life.
What Are Your Rights After a False Arrest?
The law gives you the right to take legal action and seek financial recovery when your rights are violated. If the party that committed the false arrest was a government actor, you have rights under federal law and may be eligible to file a Section 1983 claim. These claims have specific requirements and procedures and you should always consult with an attorney who understands how to bring this type of civil rights claim in federal court. If the party was not a government actor, such as a private security guard, you can bring a claim in state court to seek damages for your losses.
Can a False Arrest Lead to Wrongful Charges?
Another complication of false arrests is that they may lead to wrongful charges. Police may try to justify an arrest with allegations that lead a prosecutor to pursue criminal charges against you. If you are ever wrongfully charged with any type of crime, your very first call should be to an experienced criminal defense attorney.
What Should I Do if I Am Wrongfully Arrested and Charged?
If you’ve been wrongfully charged, you should have a defense attorney represent you, especially if a prosecutor tries to get you to plead guilty to the wrongful charges. The right defense attorney will investigate the circumstances of your false arrest and determine any and all possible defenses to present to have your charges dropped. In the event your case does proceed to trial, you need an experienced defense attorney to ensure you aren’t wrongfully convicted. Your attorney can also assess whether you have a right to bring an action for violation of your civil rights because of your wrongful arrest.
Find Out How Our Connecticut False Arrest Attorneys Can Stand Up for Your Rights
Victims of false arrest in Connecticut can face many unnecessary and harmful consequences. Being arrested is traumatizing, damaging to your reputation, and may result in false charges brought against you. The experienced attorneys of Koffsky & Felsen, LLC are ready to take on difficult false arrest cases. We will carefully evaluate all the circumstances of your arrest and advise you of your legal rights and the best course of action in your situation. Please don’t delay in calling our office at 203-327-1500 or contacting us online to discuss your case.
