Under the United States Constitution you cannot be arrested unless the police have a reasonable basis to believe that you have committed a crime. The legal term for this is, “probable cause.” The police cannot arrest you just because they don’t like the way you speak to them or they dislike you. The police cannot enter your home without a warrant and arrest you. The police cannot arrest you just because you are in an area where a crime was committed, nor can they arrest you when it is clear that you do not look like the person they were looking for. A “giveaway” that you have been the victim of a false arrest is when, after you have been in a holding cell and taken to Central Booking, the District Attorney’s Office decides not to prosecute and they tell you to go home. This is called being “let out the side door.” When this happens it is a sign that even the District Attorney thinks that the police made a mistake. If you have been falsely arrested, our office can represent you in a civil rights lawsuit to recover monetary compensation. If you think that you have been falsely arrested it is crucial that you have your rights fully explained to you before you decide to plead guilty or take an “ACD” (Acquittal in Contemplation of Dismissal) since taking a plea or an ACD can impact your ability to later bring a civil rights or false arrest lawsuit. If you believe that you have been falsely arrested, or your civil rights have been violated in some other way, you should call our office as soon as possible for a free consultation. Our toll free telephone number is: 1800 880 1743.
|
