False Arrest

False Arrest

False arrest is the unlawful restraint of a person’s freedom of movement.

It is unlawful to restrain a person against their will in a way that interferes with their personal liberty or freedom of movement. The act of restraint must be intentional in that the person committing the false arrest/imprisonment must have meant to restrain the victim. In certain circumstances, force is not required in the restraint.

However, law enforcement does not commit false arrest when there is reasonable/probable cause to believe a person has committed a crime. Thus, even if you are arrested and the criminal charges are later dropped, it does not mean that false arrest has occurred if there was reasonable/probable cause to believe you had committed a crime. Reasonable/probable cause is determined by the facts and circumstances known at the time.

If you have been falsely arrested and the charges against you were thrown out without you admitting fault or you won the case at trial, then you may be able to get money damages against the police agency who arrested you.

If you believe that you have been wrongfully arrested, call Turnipseed & Associates at 803-252-9000 to discuss your rights.

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