Florida Wrongful Arrest Attorney
Under the United States Constitution and Florida state law, we are protected against unlawful and wrongful arrests. However, law enforcement officers can commit negligence, mistakes, and even acts of intentional misconduct that lead to false imprisonment. If you are a victim of wrongful arrest, you can experience severe consequences to your reputation and health.
Victims of wrongful arrest in Florida have the right to hold law enforcement officers accountable through civil lawsuits. If you need an attorney to represent your wrongful arrest case, choose Rodal Law today. Our firm has significant experience in civil litigation to benefit your case.
- We operate with enough resources to conduct an in-depth and thorough investigation into your wrongful death case.
- Our firm strives to provide personalized and close attention to your case every step of the way. You will work one on one with an attorney from consultation to settlement.
- Rodal Law values open and honest communication and will always inform you of any important updates in your case.
The Definition of Wrongful Arrest and Probable Cause
Wrongful arrest is a civil wrong or common law tort under Florida civil law. A wrongful arrest occurs when law enforcement officers hold you in custody without probable cause, without a warrant, or without evidence that you committed a crime in the first place. You can hold police officers accountable for wrongful arrest through a civil lawsuit.
The United States Constitution states that law enforcement officers must have probable cause to arrest you. To have probable causes means that the arresting officer or law enforcement agency must have a reasonable, fact-based belief that you committed a crime. The officer must know certain facts that would lead a reasonable person to believe you committed a crime – if he or she arrests you without having these facts, the officer is committing an act of wrongful arrest.
What Does a Lawful Arrest Look Like?
In order for an arrest to be lawful, the police officer must inform you what crime he or she is arresting you for and, if a warrant is present, the officer must inform you of this warrant. The police officer cannot refuse to show you the warrant if you ask for it. During the course of the arrest, the officer must tell you that he or she is arresting you and inform you of your Miranda Rights.
Types of Wrongful Arrest Cases
If law enforcement officers arrested you falsely, you could suffer severe damage to your physical and mental well-being, as well as your reputation and criminal record. Many mistakes and intentional harm can occur during the policing process, and wrongful arrests can occur in many different scenarios.
- Police officers arrest you based on racial profiling.
- You did not commit the crime, but police officers arrested you anyway.
- Police officers arrested you without probable cause.
- Someone provided false information to police officers, which led to your wrongful arrest.
- The police officers arrested you without serving a proper warrant.
- A police officer arrested you solely on his or her suspicion that you committed a crime – with no evidence.
What Damages Can You Claim in a Wrongful Arrest Lawsuit?
Wrongful arrests can cause you serious harm in a lot of ways, both physically and emotionally. You can recover compensation for your damages due to wrongful arrest through a lawsuit in Florida civil court. These damages can include economic, or out-of-pocket, losses or non-economic losses. Economic losses can include expenses such as legal fees spent during the wrongful arrest, medical expenses for any injuries sustained during the arrest, and lost wages from work incurred while you were in prison.
Non-economic damages cover the physical and emotional pain you suffered during the course of the wrongful arrest. These damages are very common in wrongful arrest cases. Non-economic damages can include losses such as harm to reputation, loss of quality of life, disability, pain and suffering, emotional anguish, and post-traumatic stress disorder.
Did a Florida law enforcement officer wrongfully arrest you in Florida? You may be able to file a civil lawsuit to claim compensation for your damages. Contact Rodal Law today to schedule your free consultation at our Fort Lauderdale offices.