This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
There is no requirement to say the words 'You are under arrest'.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
Yes, you can file suit against someone spreading lies about you. Often times, it's easy for a local attorney to send a letter to the individual, demanding that they cease spreading the rumors. I handle these types of cases, including online and in-person defamation.
You Have the Presumption of Innocence The law presumes that you are innocent until the state proves your guilt. To obtain a conviction, the prosecutor must prove all legal elements of the crime beyond a reasonable doubt. Therefore, if you are wrongfully accused, don't panic.
Examples of Unlawful Arrest Being forced or coerced by an officer to admit to a crime you didn't commit. Having drugs or other contraband planted on you. You annoyed an officer but didn't break any law. There's no reason to search your car, but the officer does so after placing handcuffs on you.