Dedicated personal injury litigators obtaining relief for victims who have been falsely arrested in Arlington Heights, Libertyville, Itasca, Fox River Grove and Chicago.
Law enforcement officers and security personnel rely on judgment while performing their job functions each day. Sometimes, these public safety officers act negligently when carrying out their responsibilities. Law enforcement officers often fail to follow the proper protocols and procedures when making an arrest. In many cases, this leads to a finding that the arrest was improper or occurred without probable cause, also known as a false arrest. A false arrest can have various criminal or civil implications. When a false arrest occurs, Newland & Newland, LLP can help you or your loved one obtain civil relief for the injuries sustained as a result of the violation of rights. For a risk-free initial consultation that will help you determine your rights to relief, contact one of our experienced attorneys today.
What is False Arrest?
A false arrest is an unjustified arrest that occurs when a person is illegally detained without his or her consent. If there is no legal authority to arrest the person, a claim for false arrest may be successful. False arrest claims may be lodged against any individual so long as the arrest was without probable cause or a violation of another procedure occurred. In many cases, false arrest claims are brought against police officers, security guards, and private security companies who serve as loss prevention officers in retail stores.
False Arrest and Law Enforcement Officers
False arrest claims against law enforcement officers are often difficult to prove because of the requirement to show that there was no legal authority to make an arrest. It is even more difficult as law enforcement officers rely on probable cause as a basis to make an arrest. However, there are instances each year in which law enforcement officers are held accountable for making false arrests. One common instance of false arrest occurs when false charges are brought against an individual as a way to detain a person of interest or to show that a criminal act (particularly those that are public) has been “solved.” If you or someone you know has been arrested on false charges, speak with an attorney today.
Damages in a False Arrest Lawsuit
Proving damages is the most important part of a personal injury claim. Even after successfully proving the legal requirements for false arrest, you or your loved one must show that you sustained some type of injuries as a result of the false arrest. Damages the court is likely to consider are economic losses such as lost wages and future lost wages. This is typically requested in situations in which the false arrest led to missed work or the loss of employment. The court will also consider physical pain and mental suffering that a victim suffers as a result of the incident.
Contact Newland & Newland, LLP
If you or your loved one is trying to determine whether you are entitled to relief after a false arrest, you should meet with an experienced attorney. Our attorneys have experience in handling false arrest claims. For a risk-free initial consultation, contact Newland & Newland, LLP today.