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.
Complaint False Arrest For Assault In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000280
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Word;
Rich Text
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FAQ
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.
In the realm of law, malicious prosecution is a term that strikes fear into the hearts of many. It involves the misuse of legal proceedings without probable cause, often resulting in severe financial and emotional consequences for the innocent party involved.
Complaint Procedure You should first contact the Sheriff's station where the incident occurred. You may also contact the Sheriff's Professional Standards Bureau to file a complaint.
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.
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.
Examples of malicious prosecution may be: An unscrupulous prosecutor filing false charges against a political rival. A corporation filing a frivolous lawsuit against a small business in order to take out the competition.
It can be difficult to win a malicious prosecution lawsuit based on a criminal case. To prevail, the plaintiff must prove four elements by a preponderance of the evidence.
California Penal Code 236 PC defines false imprisonment as the unlawful violation of someone else's personal liberty. To violate someone's liberty means a sustained restriction of their freedom using violence, duress, fraud, or deceit.