Wrongful Arrest Attorney in California | BNCL Law Firm

Wrongful Arrest Attorney in California

Police officers in California and throughout the United States cannot simply arrest anyone any time. All arrests must be lawful, meaning that police officers must follow certain rules and procedures. Under the Fourth Amendment, law enforcement officials must have either probable cause or a warrant to arrest someone. 

When a person is restrained and there is no legal justification for the detainment, it is a false arrest. Police officers, and the government agencies they work for, can be held liable for any damages that result from a wrongful arrest. At Burris, Nisenbaum, Curry & Lacy, we are here to help you with wrongful or false arrests. Our California false arrest lawyers can advise on your case and how to best proceed.

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To be successful with a civil lawsuit pertaining to false arrest, you must prove three elements of your case. These are as follows:

  • Law enforcement officials arrested you without a valid warrant, without a warrant at all, or without probable cause
  • You suffered actual harm as a result
  • There is direct link between the conduct of the police officer and the harm you suffered

There are only two scenarios in which police officers have probable cause. The first is when a suspect has committed a crime in their presence. The second is when a police officer has reasonable cause to suspect that a suspect has committed a felony offense.

It is easy to assume that any time a judge issues an arrest warrant it is valid, but that is not always the case. There are many factors that can invalidate an arrest warrant and they are as follows:

  • False statements made by police officers to the judge that issued the warrant, if they were integral to the finding of probable cause
  • The court that issued the warrant is not shown
  • The subject of the arrest warrant is not properly named or identified 
  • The crime the subject is being arrested for is not clearly stated

If you can show any of the above elements, the arrest warrant was invalid, indicating you were a victim of a false arrest.

Under the law, there are many legal remedies for individuals who were falsely arrested. You can file a lawsuit against the arresting officer, and potentially even the police department they work for. If you prevail with your lawsuit, you could receive monetary damages for your medical expenses, lost income, and more. You should also speak to a California false arrest lawyer who can advise on whether you can file an injunction that requires the police department to terminate the offending officer, retrain their officers, or change the arrest policies they have in place.

You should never have to suffer the consequences of a false arrest. If you have been mistreated, our California false arrest lawyers at Burris, Nisenbaum, Curry & Lacy, can help you hold the appropriate party accountable for paying the full damages that are justly yours. Call us now or contact us online to schedule a consultation with one of our skilled attorneys.

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    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141
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