A false arrest occurs when a person is unlawfully detained by a law enforcement officer. It can happen without first issuing an arrest warrant and based on false claims or circumstantial evidence against the convicted. Many US states have laws regarding false arrest, including exoneration compensation for wrongfully accusing the convicted. Connecticut also has police accountability laws that took effect after nationwide protests against police brutality and racial discrimination.
These laws, according to CT Post, include no searching of cars during traffic stops, police can no longer force individuals to comply, no more false reporting based on race, de-certified cops cannot receive security guard licenses, and there will be independent review in case of deadly force used.
You must be aware of your rights and laws against false arrest to take the right action. This guide will provide tips on what to do if you get arrested based on fraudulent charges.
- Look for Bail Bonds
When arrested on false charges, you must first bail yourself out using bail bonds. A bail bond ensures that the criminal defendant will be present in court or pay the sum of money set by the court. There are commercial bail bond systems co-signed by a bail bondsman, who charges a certain fee in return for guaranteeing the payment. You can find a bail bondsman near correctional facilities and courts for immediate contact that are open 24/7 with payment plans of 0% interest rates on all bail bonds.
Bail bonds are ideal for the falsely accused or charged with a non-capital crime and entitled to bail. Courts and judges consider the severity of the crime, flight risk, public safety concerns, and prior criminal record when making bail decisions and deciding the amount. The accusation of a violent crime may lead to higher bail amounts compared to non-violent or misdemeanor acts.
- Contact a Lawyer
Another essential consideration in case of false arrest is to appoint a lawyer to advocate legally on your behalf. Your lawyer will help present evidence of your innocence and clear you of all charges without adding a criminal record to your file or helping you seal it.
You can also file a civil rights lawsuit against the responsible law enforcement officer. Your lawyer will guide you regarding filing the lawsuit by collecting evidence and presenting it in court. A false arrest may fall under a law enforcement officer arresting you without probable cause or legal authority but doing so anyway. If a police officer pulls you over for a broken taillight and writes a ticket but does not allow you to leave until a drug-sniffing K-9 arrives. It is an unlawful restraint of your freedom and would be an example of false arrest.
Under federal law 42 US Code 1983, there is no statute of limitations for filing a lawsuit against false arrest. However, different states may have their own statute of limitations for filing a lawsuit against false arrest. There may be no statute of limitations under some circumstances. Contact your false arrest lawyer to update you regarding the statute of limitations where you reside to file the lawsuit.
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- Decide an Amount to Sue for False Arrest
The amount sued for unlawful arrest depends on several factors, including the severity of charges, physical, emotional, or mental harm during the arrest, and state laws. Contact your lawyer to calculate the optimal amount backed with evidence of abuse.
In one incident that occurred in Connecticut, the victim was able to claim $25,000 over false arrest charges of robbery and malicious prosecution claims over arresting the wrong person. The amount may also depend on the number of hours you spent behind bars for a crime you did not commit and varies from state to state. A man from New Orleans spent 36 years behind bars for a crime he did not commit and received $7,000 for each year spent in prison.
The victim or their family can file a lawsuit for wrongful arrest. However, the fact that you are innocent may not necessarily mean that you have a valid claim for false arrest. Therefore, you must be able to prove in court beyond doubt that the arrest was unlawful to be eligible for an amount you rightfully deserve. Working with a credible lawyer with experience in wrongful arrest will help you get fair compensation.
- File for a Motion to Suppress Evidence from False Arrest
You can file for a motion in court to suppress evidence obtained against you illegally that led to wrongful arrest to clear your record. It is a legal process that seeks to exclude evidence that goes against an individual’s civil, constitutional, and other legal rights.
Suppressing illegally obtained evidence is one of the specialties of defense lawyers. They obtain detailed information at the suppression hearing from law enforcement officers and other witnesses who may not be willing to talk to you directly. They also collect the testimony of witnesses in your favor to present in court and build a strong case of evidence suppression to increase the chances of a decision in your favor.
Courts recognize two constitutional provisions that serve as a basis for a motion to suppress evidence: the Fourth Amendment and the Due Process Clause of the Fifth Amendment. It also works against immigration officers and limits their authority under the Immigration and Nationality Act (INA) to investigate and arrest noncitizens for initiating removal proceedings.
During the motion to suppress evidence, the prosecutor cannot present any evidence against you during the trial. It can result in case dismissal or a plea bargain in your favor.
Conclusion
If you face a wrongful conviction resulting in arrest, you must first obtain bail bonds via a bail bondsman in Connecticut to bail you out of prison. It helps get you out of jail before long so that you can proceed to take action against the responsible law enforcement officers.
After getting bail, you must contact a false arrest lawyer to file a lawsuit against the officer and decide an amount to sue based on the severity of the charges and other factors. Lastly, you must file a motion to suppress evidence obtained illegally against you to clear your record.