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Police Unlawful Arrest Lawyers

It is the responsibility of the police to make arrests for criminals and people who break the law. They do not, however, have an unlimited right to arrest folks based on flimsy evidence of wrongdoings. According to the United States’ constitution, if they arrest a person unlawfully, they may be sued and fined by a court.

At Texas Personal Injury Lawyers, we are well aware of the consequences of being arrested by the police. We handle cases involving unlawful arrests with great care – we treat them with extreme sensitivity. We make certain that you are not just proven innocent but also receive full compensation for your loss.

We are a trustworthy law firm that handles every case with care and passion. Get in contact with us if you have been unlawfully arrested. Call us at (888) 997-2148  for your free consultation. 

What Is An Unlawful Arrest?

Under the Fourth Amendment, police are not permitted to arrest people without probable cause or suspicion that a crime has been committed. They must have solid proof that a felony was committed before putting someone under arrest. Probable cause is the legal standard for evidence required in the United States.

Probable cause is more than just a suspicion that someone has committed a crime. To have probable cause, there must be enough evidence for a reasonable police officer to arrest someone in accordance with the laws of his or her jurisdiction. Even arrests made using an arrest warrant must be based on probable cause.

Whether there was probable cause for an arrest is determined by taking into account all of the circumstances. That means assessing everything that the officer either knew or reasonably believed at the time of the arrest.

The arrest was unlawful if there was no probable cause when it occurred. Furthermore, any evidence discovered as a consequence of the unlawful arrest will be deemed invalid. This includes tangible items as well as any statements obtained as a result of the unlawful arrest.

What Is Considered An “Arrest”?

 

Another key issue to consider when evaluating unlawful arrest is if the person was, in fact, arrested. Not all encounters between citizens and police qualify as an arrest. To be under arrest, a person must have a reasonable belief that he or she does not have the freedom to depart. A police officer may place handcuffs on you and take other actions that indicate you’ve been arrested. However, such visible limitations are not required to identify the situation as an arrest. The issue in most unlawful arrest cases is a person’s case, just as it is in most instances of wrongful detainment.

Unlawful Arrests And How They’re Enforced

 

If you have concerns about whether or how you were arrested under legal invalid circumstances, it is critical that you contact an experienced unlawful arrest attorney right away. The following are examples of when an arrest might be unlawful:

  • 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

Being called to the police station (or threatened with arrest) for no reason when you aren’t required to do so is another example. You may have been handcuffed while your home was searched illegally by the cops. Again, because these situations are fact-specific, it’s a good idea to consult with an attorney who can assist you in determining the correct course of action.

The Aftermath Of An Unlawful Arrest

 

Being arrested, especially if it’s done for false reasons or for no cause, has a damaging effect on one’s reputation and pride. It may be enough to get someone fired in certain situations. After an arrest, the individual is unable to bring in revenue or participate in whatever event he or she was going to at the time of his or her capture.

An unlawful arrest might have emotional and mental repercussions, as well as physical damage in some cases. Although incidents resulting in injury are rare, they do exist. You may be eligible for compensation if you believe you were the victim of an unlawful arrest. But you should be aware of the appropriate measures to take.

Violating A Civil Right

 

When people claim that a police officer has unlawfully arrested them, they frequently file a complaint alleging civil rights violations. Section 1983 suits are filed in federal district court as “Section 1983” suits because they are named for the federal legislation that authorizes them. These actions are taken in the federal district court.

The most common reason to file a 1983 claim after the police, prison guards, or other state officials use excessive or illegal force while acting in their official capacity is known as “acting under color of law.” If, for example, the police obtain a search warrant to search your home and, while searching it, decide to pepper-spray you and your family while you are restrained but not resisting, their conduct is unlawful under section 1983.

If you and a non-uniformed, off-duty police officer get into a fight, the officer is probably not acting in his official capacity as an agent of the state and therefore you can’t sue for civil rights violations. (You may be able to sue on other grounds; however.)

If a person has been assaulted, harassed, or humiliated by the police or prison guards for no legitimate reason, he or she is more than likely to bring a claim in 1983. A person who has been injured as a result of the actions of state officials performing in their official capacity frequently files a complaint against individuals involved, supervisors, or the city or county government that employed them.

If You Were Unlawfully Arrested, What Should You Do?

 

If you or someone you know was arrested unlawfully, remain calm and request to speak with a criminal defense attorney about the underlying allegations. Don’t make things worse by being hostile to the cops or providing them another cause to keep you detained. However, if you make a plea bargain with prosecutors that will considerably complicate your unlawful arrest claim, your underlying costs must be beforehand paid.

Individuals who are arrested illegally have a year in state courts and two years in federal courts to file a claim. However, the sooner you act, the better. It is considerably simpler to gather evidence and recall details about the arrest if you take quick action and consult with a civil rights attorney.

Contact Our Unlawful Arrest Lawyers

 

No one should be subjected to an unlawful arrest and have their rights and dignity violated as a result. An unlawful arrest lawyer’s dedication is required to hold law enforcement personnel accountable and compensate you for the losses and injuries you incurred as a result of your arrest. Texas Personal Injury Lawyers is here to help you get the compensation you deserve. 

Call us at (888) 997-2148 now for you free consultation.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.