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False Arrests and Wrongful Imprisonment
False arrest, or wrongful imprisonment, occurs when a person is detained without justification, without their consent, for any period of time. Notably, a person does not have to be physically detained for false arrest or imprisonment to be established – threats, intimidation, or the insinuation the person is unable to leave may be sufficient.
Wrongful imprisonment cases are common where a person is wrongfully suspected of shoplifting and detained by security guards or where the police have made an arrest outside of their power or without reasonable cause.
If you believe you are a victim of a false arrest or wrongful imprisonment in Charleston, South Carolina, contact Allen Law today at (843) 882-5005. We will help you fight your case and receive compensation for this unjustified event.
I represent clients the way I would want to be treated: with respect, honesty, and a commitment toward great results.”
- Julian Allen
Identifying False Arrest or Imprisonment
In some cases, identifying you were falsely arrested or imprisoned may be easy – for example, where someone locked you in a space without justification or consent, or you were kidnapped. In other cases, such as where security guards detained you on suspicion of shoplifting or a police officer arrested you on suspicion of committing a crime, it can be more difficult.
The difficulty in identifying false imprisonment or arrest in these latter instances is that the fact you were innocent is not enough to prove a false imprisonment charge. It is only where an officer or security guard detained you without reasonable cause that they can be liable for false imprisonment.
At the time of your arrest/imprisonment, it is difficult to identify what evidence the other party is relying on. However, once you are informed of the circumstances and evidence that led to your confinement, it may become clear that no probable cause existed to suspect you of committing that crime.
A lawyer can always help you determine whether you have sufficient grounds for a false imprisonment or wrongful arrest case against a person.
If you are charged with resisting arrest, whether you were wrongfully arrested or not will impact the validity of the resisting arrest charge.
If the arrest is found lawful, so a wrongful arrest argument does not exist, the resisting arrest charge against you will remain valid. However, if it eventuates there was no probable cause for your arrest (i.e., it was unlawful), the resisting arrest charge will likely be dismissed.
As it is difficult to know at the time whether your arrest is unlawful, it is always wise to be cautious of any level of resistance you show when you are detained or arrested. Furthermore, a wrongful arrest finding will not prevent you from being charged with assault or battery if you commit these during arrest.
Proving False Imprisonment/Wrongful Arrest
Succeeding in a case for false imprisonment, and receiving compensation for this event, requires a skilled lawyer to establish the legal elements of these claims. In particular, a lawyer will have to prove you were confined in some way without consent or justification, the accused intended to confine you, you were aware of or harmed by the confinement, and you did not know of a reasonable means of escape.
A successful case can result in compensation for the loss of your freedom, embarrassment, mental anguish, and any physical injuries sustained. Allen Law will help you to fight your case and receive the compensation you deserve for this traumatic incident. We can determine whether sufficient grounds exist to bring a civil claim for wrongful arrest or imprisonment and, where required, fight passionately for you to receive favorable compensation in trial.
Call us today for a free consultation at (843) 882-5005.