What Remedies Are There For A Victim
Victims of a false arrest have 4 legal options that they can pursue:
By filing a complaint with the police department, a victim can demand the officer face repercussions for their false arrest. In the most egregious cases, the officer could get fired. He or she could also be suspended or retrained. In California, an officer could face criminal charges under Penal Code 118.1 PC or other statutes.
If the victim was charged with a crime, he or she can file a motion to exclude evidence obtained from the false arrest. This motion is filed with the court in the victims criminal case. Any criminal evidence found because of the arrest can get thrown out.
Victims can also file a false arrest lawsuit against the officer and the police department for civil rights violations. That lawsuit can be filed in state or federal court in the United States. If it is filed in federal court, it would likely be a 1983 civil rights lawsuit pursuant to 42 U.S.C. § 1983.
Civil lawsuits face the challenge that officers may be protected by qualified immunity.
The false arrest lawsuit can demand an injunction, which is a court order. If successful, the court can require the police department to:
How Can You Prove Your Innocence When Falsely Accused
Although it may not feel this way when you are undergoing a criminal investigation, the old adage innocent until proven guilty means that the burden of proof lies upon the prosecution to find you guilty rather than upon you to prove your innocence.
To achieve a conviction, the prosecution must prove beyond reasonable doubt that you have committed the crime that you have been accused of.
However, you can help secure your acquittal by helping your criminal defence solicitor prepare your defence. This could involve contacting witnesses who can testify in your favour, and considering what other evidence could help prove that you are telling the truth. This might include mobile phone records, DNA samples, or evidence of other untruthful statements made by your accuser, which could serve to lessen their credibility.
Financial Consequences Of False Arrest
In the United States, a wrongfully arrested person may sue the arresting authority for damages in a civil suit.
A false arrest is a type of false imprisonment carried out by a public official, such as a police officer, sheriff, or security guard.
The tort of false arrest/imprisonment allows the victim to recover damages from the person or entity that committed the tort.
A false arrest claim can be brought against police officers, private security guards, and store employees.
The key to a successful, false arrest claim is proving that the arresting individual did not have probable cause to make the arrest.
Probable cause exists when an officer has a reasonable belief, based on facts and circumstances, that a crime has been committed and that the person to be arrested committed the crime.
If you have been wrongfully arrested, you may be able to recover damages for:
- The cost of bail
- The cost of an attorney
- Court fees and fines
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Compensation In A Civil Lawsuit
If you are exonerated in a criminal case that alleged sexual assault, you may be entitled to compensation for your monetary losses. This could include attorney fees, court costs and the costs of the investigation. You may even be entitled to loss of salary if the false claim led you to become unemployed.
In addition to actual costs you may have incurred, you may also be entitled to compensation for humiliation, embarrassment and mental anguish. If the accusation was related to a custody battle, you may be able to sue for additional time with your children or even full custody if your ex was the accuser.
Develop A Strategy In Criminal Defense Cases
If you are defending yourself against criminal accusations, you need an experienced criminal defense attorney on your side. An experienced criminal defense attorney will be able to seek witnesses and gather evidence to dispute false accusations against you. Your attorney will be able to challenge the prosecuting teamâs witness testimony. If the prosecutionâs case is built on the false accusations of one witness, challenging the witness will be essential.
Your criminal defense attorney may also threaten to sue the prosecuting party for making false accusations against you. Sometimes this is enough to make the false accuser back down and refuse to testify in court. A reputable attorney with experience related to Texas criminal laws will be able to carefully evaluate your case and find any holes in the prosecutionâs case. They can also help you understand the process you are facing to prepare yourself should your case go to trial.
Even though defense attorneys are focused on getting a not guilty verdict or pressuring the prosecution to drop the charges against you, they can also help you understand your options when bringing a defamation lawsuit later. They can develop your legal defense with that strategy in mind. Without a defender on your side, it can be easy to plead guilty to a crime you have been falsely accused of committing. Instead, we recommend allowing a criminal attorney to represent your case and protect your future.
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False Arrest Committed By The Police
When most people think about the police committing false arrest, they think it refers to an arrest that was not supported by evidence. But this is not the standard for measuring whether the police have falsely arrested someone. To be guilty of false arrest, the police must act without authority, or beyond the scope of their powers.
For example, imagine someone whom the police arrest based on another persons sworn statement. The evidence later shows the sworn statement was a lie. However, as long as a judge found the statement reasonable at the time and issued a warrant based on it, the police acted properly in making the arrest. In this situation there is no case of false arrest against the police because they have the authority to arrest those they reasonably suspect of having committed a crime.
What Type Of Lawsuit Can You File Due To False Allegations Of A Crime
There are two types of false allegations lawsuits: libel and slander. Both types of lawsuits are related to defamation claims. In either type of lawsuit, an individual can claim an at-fault party made false allegations that damage their integrity, character, or reputation. By doing so, this individual may be able to recover damages from the at-fault party.
With a libel lawsuit, an individual claims an at-fault party made false allegations about him or her in writing. He or she can file the lawsuit if false allegations were published on a website, in a newspaper, or any other written medium.
In a slander lawsuit, an individual cites oral defamation. This individual can sue for slander if he or she believes an at-fault party made false allegations about him or her in a speech, on a podcast, or any other oral medium.
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False Arrest Committed By Private Persons
A private person, such as a private security guard, can also commit the crime of false arrest. Someone who restrains someone else, without that person’s consent, and without lawful authority, commits the crime of false arrest, often known as false imprisonment.
For example, suppose a shopper is walking out of a store when a security guard approaches. The guard tells the shopper that she has to go back into the store, even though the guard didn’t see the shopper exit with unpaid merchandise, nor did anyone else. If the guard uses force, the threat of force, or otherwise restricts the shopper without her consent and without a lawful reason, the guard commits false imprisonment.
Private security guards can temporarily detain someone suspected of theft in order to investigate the situation or hold that person until the police arrive if they are reasonably certain that the person is shoplifting. If they aren’t certain and don’t have probable cause to believe someone has committed a crime, however, they cannot lawfully detain someone.
Defamatory Statements Made During Court Proceedings
Even where a defendant is found not guilty of a crime they have been accused of, there will still be damage to their reputation and this is obviously a concern for the individual involved. Those called to give evidence as witnesses or alleged victims can make statements that are technically defamatory. However, this does not mean that the defendant is able to bring a claim for defamation.
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Filing A False Police Report
Created by FindLaws team of legal writers and editors
Filing a false police report is a crime and can be charged as a misdemeanor or a felony. If you decide to call the police and file a report of a fake crime against someone else, it will be considered a false police report.
This is an example of speech that is not protected by the First Amendment and is in fact considered a crime against justice itself. Legal specifics vary by jurisdiction, but the following information provides a general overview of the crime.
What Is The Law In California
In order to prevail on a California claim or lawsuit for false arrest, the plaintiff would need to prove the following elements:
Once a plaintiff alleges that the defendant arrested him/her without legal process, the burden rests on the defendant to justify the lawfulness of the arrest.12 Common defenses that defendants raise are that they had probable cause to make an arrest, or that they had a good faith belief that the arrest warrant was valid.13
Defendants will likely claim that qualified immunity protects them from false arrest lawsuits, though the statute is unclear whether qualified immunity applies to false arrests.14 But as long as plaintiffs can show that defendants violated a clear constitutional right, qualified immunity does not apply and the defendants can be sued.15
Plaintiffs bringing a false arrest lawsuit in California can sue for monetary damages to cover the costs of any medical bills, lost wages, pain and suffering, emotional distress, and any other out-of-pocket costs. In most cases involving police officers, their police department pays any civil damages.16
Call our police misconduct attorneys for help. Our law firm offers free consultations.
Legal References:
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When The Police Create False Evidence: Public Order And Other Offences
Again, in our experience, police falsified evidence tends to appear in cases where the reason for arrest is based on the arresting officers own evidence. For example, under:
- s.4, s.4a, and s.5 Public Order Act
- Breach of the Peace .
These are known as the public order offences. Police can create false evidence to justify arrest in public order offences in two situations:
Unlawful Arrests And Lodging A Civil Claim Against The Police
Over the last few years, Parliaments police portfolio committee has frequently raised concerns over the growing number of civil claims against the South African Police Services. Just last year, the Minister of Police was ordered to pay almost R600 000 in damages to a teenager who was unlawfully arrested and detained. The teenager was arrested on suspicion of robbery and was subsequently thrown in a dirty jail cell and assaulted by inmates. Unfortunately, this isnt an isolated incident. It is reported that in the 2015/2016 financial year, the Minister paid R300 million to settle claims.
Our courts dont take the arbitrary deprivation of personal freedom lightly. Of course, the irony is crystal-clear: an institution thats in place to serve and protect innocent citizens ends up infringing on peoples rights. And yes- the police can break the law and even, ultimately, be held accountable for their actions.
Naturally, with crime being prevalent in South Africa, the SAPS often have to make quick decisions in an attempt to be pro-active, and, yes, mistakes happen. However, it is an entirely different story when the police do not conduct a thorough investigation, display blatant negligence or arrest an innocent person. There are other contributing factors, too: often officers are under-trained and dont adhere to policing procedures, which results in them breaking the law or violating the SAPS Code of Conduct.
Legal Rights & Protection Under The Constitution
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Supreme Court Made It Easier To Sue For Malicious Prosecution But Bringing Claims May Still Be Difficult
Victims of malicious prosecutions, who disproportionately come from communities of color, got a monumental win when the Supreme Court cleared a path for them to sue police departments for wrongful charges, but some experts say they will still face uphill battles for legal restitution.
In a 6-3 ruling in Thompson v. Clark, the court found Monday that people who are falsely charged can bring civil rights actions against police officers if their cases get dismissed. No justification for a dismissal is required, the court said in its ruling.
The decision is a step forward for civil rights claims, particularly for Black, Indigenous and other people of color, advocates and legal experts said.
Until today, police officers who framed an innocent person for instance, falsifying or planting evidence could get a free pass, said Amir Ali, the executive director of the MacArthur Justice Center at Northwestern University, who represented Thompson. After the bogus charges were dismissed, the innocent person whose life had been upended had no recourse in court. Not anymore.
The case stemmed from the arrest of Larry Thompson, a New York man, who said police illegally barged into his home in 2014 without a warrant and arrested him after a family member alleged that he had abused his newborn child. After they arrested Thompson, the police officers took the child to the hospital, where doctors determined that there were no signs of abuse and that the child only had a diaper rash.
How Common Are False Reports
Often, its difficult to prove that a person willingly made a claim, knowing it is untruthful. However, where it can be proved, harsh consequences can result.
A woman 7 months pregnant was sentenced to 3 years imprisonment for perverting the course of justice. She was found guilty of reporting a false sexual assault claim
The UK, in 2012/2013 reported 3,692 prosecutions for rape. Out of these 2,333 were actually found guilty and convicted, says The Guardian. In fact, a US professor said that the UKs stance on false claims or accusations is more aggressive than in other countries such as Australia, Canada and America.
While false reporting occurs, it doesnt appear to occur as often as one may think. Even official statistics on this can, and have been inflated by other reasons, where for example, police sometimes record a case as being unfounded where they are unable to collect reliable evidence to be in admissible in court. These kinds of cases are seen to have been conflated with false allegations.
On the other hand, a Former Family Court Judge, Justice Collier is reported stating that there is an increasing number of mothers falsely reporting claims of abuse, in an effort to prevent the fathers of their children from seeing their children.
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Violating A Civil Right
When people claim that a member of law enforcement has falsely arrested them, they sometimes file a complaint alleging a violation of their civil rights. These civil rights lawsuits are known as Section 1983 suits because they are named after the federal law, United States Code Section 1983, which authorizes them. These lawsuits are brought in federal district court.
People most commonly file 1983 cases after the police, prison guards, or other state officials use excessive or unreasonable force while acting in their official capacity, known as acting under color of law. For example, if the police obtain a search warrant to search your home and, while conducting the search, decide to use pepper spray on you and your family while you are restrained and not resisting, their actions violate your constitutional civil rights and you can sue them under section 1983.
On the other hand, if you and a non-uniformed, off-duty police officer get into a fight, that officer is probably not acting in his official capacity as an agent of the state and you probably cant sue for civil rights violations.
Slander: Starting A Rumor Verbally
Slander, the oral communication of false statements with the purpose of harming an individual or organization’s reputation, is grounds for civil action as mandated by state and federal law. For example, sharing a story accusing a charity leader of theft damages both the individual and the organization, perhaps irrevocably. To prove slander, it must be shown through clear and convincing evidence that the individual who is being accused of slander knew the statements that he was making were untrue at the time that he made them and were made with the express purpose of harming the victim’s standing in the community or workplace.
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