False arrest mainly occurs when someone takes you into custody when you have not committed any crime. False arrest is closely related to kidnapping as they both involve a detention of a victim in a way that is against the law. However, kidnapping is more serious as it involves holding a person for ransom or facilitating the commission of a felony offense. That’s why false imprisonment is also known as lesser including offense of kidnapping.
When a police officer commits a false arrest
For a police officer to commit a false arrest, he must have acted beyond the scope of powers or without authority. Many people think of a false arrest as an arrest that was supported by evidence that is not true. For instance, a police can arrest someone based on sworn statement of another person and later the evidence shows that it is a lie. But, if the judge found the statement reasonable and issued a warrant based on it, then there is no case of false arrest against the police. On the other hand, if a police arrest someone because he insulted him, he is acting illegally, and with the help of a False Arrest Lawyer the victim can file a case against that officer.
Action taken against false arrests
When a police arrest someone on another person’s sworn statement, the defendant should be set free if the court finds out the truth. He cannot sue the police, but the person making false statement and swearing false oaths can be sued. Also, even if the defendant know that the basis for the arrest was not true, he cannot resist the police because it is a crime. If the officer arrests someone for personal reasons, the defendant might have a valid claim against him even if the officers not charged with the crime although he cannot resist the arrest. That’s why a False Arrest Lawyer advises people never to resist an arrest because you can be jailed even if you are certain that you are not at fault. It’s only the court that can decide whether the arrest is legal or not.
After your arrest, it is important to contact the law office of Edward Zaloba. He is dedicated and experienced providing quality representation that gives excellent results. He is also dedicated to offering strong defense on your behalf.