False Arrest Lawyer Philadelphia Pennsylvania
False arrest is an arrest made without legal justification. Under Pennsylvania law, a person who confines another, while appearing to act by authority of law which does not in fact exist, makes a false arrest and must respond in damages. An arrest not based on probable cause is illegal. However, if the police officer had probable cause for arrest, the arrest will be justified, regardless of whether the arrested person was guilty or not.
Probable cause exists when the facts and circumstances known to the police officer at the time of the arrest are sufficient to warrant a reasonable belief that the suspect has committed or is committing a crime.
Some examples of false arrest include:
- Arresting someone because of their age or race;
- Arresting someone solely because they are in an area known to have high crime rates;
- Detaining witnesses at a police station for questioning even though they are known to not have committed any crime.
False imprisonment is unlawful detention of another person. Many cases of false imprisonment occur when a store security guards detain a customer believing that the customer was shoplifting. The detention can last an unreasonably long time. The customer who did nothing wrong may end up waiting embarrassed, distraught and shaken. In such cases, the store may be liable for the actions of its security guards.
If you have been the victim of false arrest, false imprisonment, unlawful detention, unlawful confinement, you may be able to recover financial compensation. When a person's civil rights have been violated by a police officer, there may be recourse through a civil court. A civil demand for monetary damages on a false arrest or false imprisonment civil rights violation claim requires the victim of false arrest to hire a civil rights lawyer who would file a lawsuit on their behalf. The lawsuit can be brought to the state or federal courts level, including actions under § 1983 of the United States Code. Litigating a false arrest case pro se (on your own) is extremely difficult. An experienced false arrest/imprisonment attorney will be better equipped to make a decision as to where and how to litigate a false arrest or a false imprisonment case.
Many false arrest/imprisonment lawsuits end in a settlement prior to the commencement of any trial. If the victim of false arrest can show that the officer was malicious, the victim may be entitled to receive "punitive" damages – a high monetary award designed to punish the defendant and deter future misconduct. At the Lassen Law Firm, we handle cases of false arrest and false imprisonment and have reached settlements against the city, the police department, places of public accommodation and stores.
Call the Lassen Law Firm, Philadelphia false arrest attorneys, for a free case evaluation. At the Lassen Law Firm, our civil rights attorneys will review the facts of your case and advise you of your legal options.
The Lassen Law Firm only deducts a 29% contingency fee, not the standard 45% like other firms. We serve ALL of Pennsylvania. We can sign you up over the phone and start working on your case today.
Stop Searching. Start Calling. 215-510-6755.
Authored by: Christian Lassen