We Proudly Serve Wrongful Arrest Victims Injured Across The State of Texas
Wrongful Arrest And Imprisonment Lawyers
An illegal arrest is an abuse of power. Law enforcement officials are granted tremendous power by the states. They wear a badge and a gun, as well as legal authority to arrest individuals on the street. With this power comes the obligation to respect its bounds. This is why every law enforcement official swears an oath to uphold both the law and the United States Constitution.
When a law enforcement officer breaches a person’s Fourth Amendment protection against unreasonable search or seizure, he or she should be held accountable. If you or a loved one has been subjected to this treatment, please contact us for a free consultation. You may be eligible for compensation, and we want to assist you.
Abuse Of Power
The people’s right to be free from unlawful police action is just as essential as law enforcement’s duty to enforce the law. Unfortunately, not every law enforcement official follows the boundaries set forth in the Constitution. When cops cross the line, they violate their pledges and misuse their authority. Everyday examples of such abuses include:
Arrest without cause
Even if the officer lacks a warrant or probable cause to believe that a crime has been committed, he or she may arrest someone. These detentions might be due to prejudice, malevolence, or simple inattention.
Arrest based on planted evidence
Tragically, cases of police officers planting evidence continue to surface across the country. These methods are sometimes permitted to go on for years before they are discovered. It is against the law to plant evidence and never justified.
Arrest based on exaggerated or fabricated testimony
In most cases, the only evidence is the officer’s statements. When cops overstate what they saw or report something that didn’t happen, they violate the public’s trust and the Constitution.
These infringements of our civil liberties are all too prevalent. Thousands of individuals have been charged, arrested, and imprisoned based on false police statements according to a study by USA Today. According to an analysis of more than 10,000 court cases by USA Today, at least 2,227 instances of police officers providing false testimony, tampering with evidence, and interfering with witnesses have occurred.
These incidents do not just target the most vulnerable among us, but rather anyone. The officials who permitted or caused these violations of our most basic rights and those who were subjected to them must be held accountable, and we as a society must provide compensation for what has been taken from us.
Legal Protections Against False Arrest
Under federal law, when an individual is arrested or detained in error, he or she has the right to due process. Individuals are protected under both the United States Constitution (particularly the Fourth Amendment) as well as various federal laws, including Section 1983 of the US Code and the Civil Rights Act of 1871.
The Fourth Amendment to the United States Constitution guarantees people against unreasonable searches and seizures. An illegal arrest, often known as a fraudulent arrest, is one example of an unlawful seizure. Wrongful arrests also violate a person’s civil rights. As a result, a person who has been wrongfully arrested may bring a civil rights claim under Section 1983 of the United States Code. This Code section allows victims of unlawful arrest to pursue civil damages against police officers, municipalities, and other governmental bodies.
To file a civil rights lawsuit under Section 1983, an individual must establish the following legal components:
- Demonstrate that the arresting police officer or other law enforcement official who handled the arrest used force against the individual that was excessive under the circumstances of the time.
- Demonstrate that the individual was arrested in error, suffering some form of injury as a consequence.
A competent wrongful arrest lawyer At Texas Personal Injury Lawyers can help you demonstrate the legal components of your case and fight for the justice and compensation you deserve.
Potential Defendants In Federal Wrongful Arrest Cases
There may be many different entities that could be sued in a case of unlawful arrest. The individual who was illegally detained (and who incurred losses as a result) may, in theory, file a claim or lawsuit against the police officer and any other law enforcement personnel who directly contributed to the illegal detention.
In addition to the arresting officer, a victim of an unlawful arrest may be able to pursue compensation or sue the employer of the offending officer. This party is generally the police department or municipality (such as county, city, or state) where the wrongful arrest took place.
An experienced wrong arrest lawyer will investigate the circumstances and facts surrounding your arrest in order to identify all potentially accountable individuals, raising the possibility of obtaining compensation.
How Can I Figure Out If My Arrest Was Unlawful?
If you believe the officer who arrested you had no cause, or that the evidence that brought about your arrest was planted on purpose, he or she will be unlikely to ever openly confess to a mistake or attempt to set you up. However, if you were arrested and your arrest was later deemed unlawful, a lawyer with training in police misconduct can assist you to evaluate the facts to see if your rights were violated, as well as how best to investigate further. So if you believe you were wrongly detained, call now for a free consultation.
How Can I Afford To Go Up Against The Police?
Even if you don’t have the cash to pay for a lawyer, you can still seek compensation and justice. Morgan & Morgan is a contingency fee law practice, which implies that you will only be charged if we win on your behalf and that you will not be required to pay anything upfront. So no matter your financial status, you have the ability to demand justice.
I Was Arrested Because The Cops Said I Matched The Physical Description Of A Suspect, But My Race Was The Only Thing About Me That Resembled Him. Do I Have A Valid Argument?
It’s possible. The cops can’t arrest people based on their race, so your rights have probably been violated. To discover if we can assist you, give us a call.
Wrongful Arrest and Imprisonment Lawyers
If you or a loved one was subjected to unlawful police conduct, such as being detained illegally, harassed, and/or assaulted, it might feel like justice is out of reach. The government has powerful tools at its disposal, and the legal system is frequently biased in favor of law enforcement. However, this isn’t always the case.
For a free consultation, contact Texas Personal Injury Lawyers today. If you hire us, you will not be required to pay anything upfront, and you will not have to pay anything unless we achieve a successful outcome in your case and get compensation for you. You do have the ability to fight back, which is why we want to assist you in doing so. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.