blog home Civil Rights How to Know If You Have a Wrongful Arrest Case

If you have been wrongfully arrested, you may have felt intimidated because a public officer or someone in authority is involved. The mental trauma, emotional scarring, and every setback that comes with a wrongful arrest gives you the right to be compensated. If you are in a similar situation and have been arrested wrongfully, speaking with experienced wrongful arrest attorneys can help you get compensated. Read on to learn more about wrongful arrest cases and what to do should you find yourself in one.

What Is a Wrongful Arrest?

Also referred to as false imprisonment, a wrongful arrest is when either a public law enforcement agency or a private individual takes you into custody against your will. Under legal terms, wrongful arrests are committed by an individual who wrongfully or intentionally limits another person’s freedom or liberty without their consent.

A wrongful arrest or false imprisonment claim has four essential elements, they are:

  • The confinement must be without the victim’s consent
  • There must be an intention to confine the victim wrongfully or intentionally
  • The victim must be aware of the confinement or sustain damages by the incident
  • The victim must not know any way to escape confinement

Can Resisting Be Penalized in a Wrongful Arrest?

Under normal circumstances, resisting arrest can be penalized. However, you have the right to resist wrongful arrests, especially if you have a clear conscience. In South Carolina, residents can resist wrongful arrests with reasonable force that doesn’t cause harm to others. While this is the case in South Carolina, the right to resistance for wrongful arrests is very limited. This is why it is better not to resist, even in wrongful arrests. It is typically best to remain peaceful, speak with those involved, and contact an attorney as soon as you are given a phone call.

Resisting arrest by a police officer could be risky, as the officers could be compelled to use force if they are truly under the impression that you did something that is an arrestable offense. Besides, using too much force to resist wrongful arrests might give the police a reason to justify your arrest. The injuries that could result from resisting wrongful arrests are also not worth the struggle. Therefore, stay calm and wait for an opportunity to point out the facts.

How to Deal with Wrongful Arrest Cases

The best way to handle a wrongful arrest case depends on the details of your particular case. However, there are many ways you can go about it. Some of the remedies include:

  • Filing a Complaint: You can file a formal complaint against the involved officer and have them investigated. An attorney is crucial in this step as filling out any complaints wrong could result in a dismissal of the entire complaint.
  • Filing a Civil Lawsuit: You can also file a civil lawsuit against the police department or officer involved in the wrongful arrest. The basis of this lawsuit is that your civil rights were violated during the act. However, this can be difficult to prove.

How Can an Attorney Help?

Experiencing a wrongful arrest is traumatizing and can cause various types of damage. For instance, when wrongfully arrested at your place of work, your reputation might be tainted. This is why you should speak to a wrongful arrest attorney about compensation. Our dedicated attorneys at Allen Law will fight for your rights and help prove liability. We have great success in such cases and are more than capable of getting you justice. Call (843) 882-5005 today to schedule your appointment!

Posted in: Civil Rights