The experience of being wrongfully arrested can be incredibly traumatic and distressing for anyone. Unfortunately, it is not always easy to recognize when an arrest is unjustified, particularly for those who are not familiar with the legal system. In many cases, people may not even realize that they have been wrongfully arrested until it is too late. More often than not, out of fear, individuals simply want to comply with whatever the police officer is asking of them without recognizing that they are being wrongfully arrested. This can result in serious consequences, including a criminal record, loss of reputation, and even imprisonment. Despite the potential risks, it is important for individuals to be aware of their legal rights and to take steps to protect themselves in the event of an unjustified arrest.

Knowing what constitutes a lawful arrest is crucial for individuals to protect themselves from wrongful arrest. A lawful arrest occurs when a law enforcement officer has probable cause to believe that a person has committed a crime, and the arrest is carried out in a manner that is reasonable and not excessive. It is important to understand that an officer's suspicion or hunch alone is not enough to justify an arrest, and any use of excessive force or coercion during the arrest can render it unlawful.

If someone believes they have been wrongfully arrested, it is important to seek the guidance of a qualified criminal defense attorney as soon as possible. In Colorado Springs, there are attorneys who can assist individuals in understanding their legal rights and defending against any wrongful charges. These attorneys can help to investigate the circumstances of the arrest, gather evidence, and work to build a strong defense strategy, as well as initiate a wrongful arrest lawsuit. By seeking legal assistance promptly, individuals can protect themselves from the potential consequences of an unlawful arrest and ensure that their rights are fully protected under the law.

What Is A Wrongful Arrest?

A wrongful arrest occurs when a person is arrested without sufficient legal justification or due process. There are several ways in which an individual can be wrongly arrested. Knowing ways in which an individual may be falsely arrested is crucial for an individual to protect their rights. The following are potential ways in which an individual may be wrongfully arrested.

Lack Of Probable Cause

To make an arrest, police officers are required to have probable cause, which can be established through evidence or an arrest warrant issued by a judge. However, there are instances when law enforcement agents make an arrest without sufficient probable cause, which violates the constitutional rights of the person being arrested.

In order for an arrest to be considered lawful, the arresting police officer must have enough factual information to justify their actions. It is not enough for an officer to simply have a suspicion or “gut feeling” that a person is guilty of a crime. Probably cause must be based on specific facts and circumstances surrounding the situation. For example, a police officer cannot arrest an individual solely on the suspicion that they are a robber. Instead, they must have concrete evidence or observations that support the arrest, such as the smell of marijuana emanating from a vehicle.

Arresting The Wrong Individual

If a police officer or security guard arrests an innocent person, it can either be due to a genuine mistake or a wrongful arrest. For an arrest to be considered wrongful, law enforcement must have acted without legal justification or exceeded their authority.

For instance, if the police arrest an individual based on a false statement provided by a witness, it may not necessarily be a wrongful arrest if the police acted within their powers and relied on the witness's statement. However, this situation can still be subject to further investigation and scrutiny by a judge.

However, if an individual insults a police officer and the officer responds by arresting them, it is not a lawful arrest. This is because insulting a police officer is not a crime, even though it may be morally wrong. Therefore, an officer cannot use their anger or resentment towards someone's behavior as a basis for an arrest.

Arrest Is Based On Race

In the United States, racial profiling is a widespread issue that has led to numerous instances of wrongful arrests. Law enforcement and security personnel have been known to target individuals from certain racial backgrounds more frequently than others, resulting in unfair treatment and discrimination. If an individual has been wrongfully arrested due to racial profiling, it is important to seek the guidance of a skilled Colorado Springs criminal defense attorney who has experience in handling these types of cases. An attorney can help individuals understand their legal rights and work towards achieving justice for the harm that has been inflicted upon them.

Arrested Without Being Read Miranda Rights

Law enforcement officers are obligated to inform individuals in custody of their Miranda rights, which include:

• The right to remain silent
• The right to have an attorney present during questioning
• The right to appointed counsel if they cannot afford one
• The warning that anything they say can be used against them in court

It is important to note that these warnings are only required when a suspect is in custody and the police intend to use their statements as evidence during a trial. If the Miranda warning is not provided, any statements made by the suspect while in custody cannot be used as evidence in court.

Providing Proof In A Wrongful Arrest Lawsuit

To seek compensation for a wrongful arrest through a lawsuit, the individual must establish that they were indeed wrongfully arrested. Although proving wrongful arrest can be challenging, a competent criminal defense attorney in Colorado Springs can assist the individual in proving their false arrest and obtaining compensation for it.

In the case of wrongful arrest, it is classified as an intentional tort. Thus, the arresting police officer cannot be held liable solely on the grounds of negligence or carelessness. It is imperative to establish that the police officer acted intentionally with the intention to detain or confine the plaintiff to hold them accountable for an unlawful arrest.

When filing a false arrest claim, the plaintiff, who is the individual that was arrested, typically needs to prove the following elements:

• Intentional Detention - The defendant, the person being sued for wrongful arrest, intentionally detained or confined the plaintiff.
• Awareness Of Detention - For a false arrest claim to be valid, the arrestee must have been conscious of being detained or confined at the time it occurred. It is not sufficient to become aware of the detention or confinement after the incident has taken place.
• No Consent To Being Detained - The plaintiff did not give consent to being detained or confined. If an arrestee voluntarily agrees to be detained or confined, there is no false arrest. However, it is essential to note that the individual granting consent must do so of their own free will.
• Not Legally Justifiable - In a false arrest case, the primary point of contention is typically whether the arrest was legally justified or not.

Legal Options After Being Wrongfully Arrested

When an individual is wrongfully arrested, there are several legal options available to them to seek justice. Many criminal defense attorneys recommend going through all 4 legal processes in order to have the best chance of receiving compensation for a wrongful arrest. The legal processes include:

• Filing A Complaint - A possible legal option available for individuals who have been wrongfully arrested is to file a complaint against the arresting officer with the police department. The complaint serves as notification to the police department that the officer may have engaged in wrongful arrest, and if proven, may lead to disciplinary actions against the officer. Furthermore, in a wrongful arrest lawsuit, the filed complaint can be used as evidence to prove the false arrest.
• Motion To Suppress Evidence - In the case of a false arrest, a motion can be filed to suppress any evidence obtained during the arrest. If granted, this means that any evidence or statements obtained during the arrest cannot be used in court, thereby decreasing the likelihood of a conviction for the crime the individual is being accused of.
• Lawsuit Demanding An Injunction - Another legal option available for individuals wrongfully arrested is to pursue a wrongful arrest lawsuit against the police department and arresting officer seeking an injunction. This type of lawsuit does not seek monetary damages but instead demands a court order. If the lawsuit is successful, the court can require the police department to retrain officers, modify their official policies for arrest, or dismiss the offending officer.
• Lawsuit Demanding Monetary Compensation - A wrongful arrest lawsuit can also seek monetary damages to compensate the individual for false imprisonment. An experienced Colorado Springs criminal defense attorney can help the individual recover compensation for medical bills, lost wages, pain and suffering (mental distress), and the violation of their civil rights, also referred to as presumed damages.