Holding Law Enforcement Accountable For False Arrest And Malicious Prosecution
A false arrest or wrongful arrest occurs when a person is detained, arrested and/or charged with a crime without proper authority or evidence. It is an abuse of power that happens every day. That’s why every day at our firm, false arrest lawyer Christopher R. Smith is working hard to right those wrongs.
Christopher Smith Trial Group has brought successful civil rights lawsuits for false arrests against police officers and law enforcement agencies in Chicago, Cook County and northern Illinois. Our advocacy has resulted in numerous monetary recoveries on behalf of citizens whose rights were violated. We will fight for you, too, if police overstepped their authority.
What Is A False Arrest?
A false arrest doesn’t necessarily mean you were jailed or convicted. In the context of police misconduct, false arrest means that you were unlawfully detained, mistreated and/or wrongfully accused in connection with a crime. The law requires that police have a warrant or reasonable suspicion that the individual engaged in a criminal act.
What Are Examples Of False Arrest?
We regularly find that citizens aren’t sure of their rights or don’t know if their case constitutes an actionable false arrest. Here are some common false arrest scenarios:
- Arresting the wrong person
- Traffic stops based on racial profiling
- Phony charges of “resisting arrest” or “assaulting a police officer”
- An arrest to cover up police misconduct
- Search and seizure without a warrant or probable cause
- Arresting someone for invoking their constitutional rights
- Officers using “color of law” to carry out a personal vendetta
- An arrest based on unreliable hearsay or an officer’s hunch
- False imprisonment or police brutality in conjunction with an arrest
- Malicious prosecution despite lack of evidence
NOTE: If you were lawfully detained but later the charges were dropped or the prosecution couldn’t prove their case at trial, that does not constitute a false arrest.
A Wrongful Arrest Can Wreak Havoc On Your Life
Christopher Smith Trial Group represented a woman who was arrested and jailed after stopping to render aid to a Chicago police officer. She spent 10 months in jail, which turned her life upside down and dragged her good name through the mud before she was cleared of wrongdoing, for which a jury awarded her $7.9 million. In another egregious case, our client was arrested at gunpoint in front of his children, jailed for two months and charged with a crime he didn’t commit all because he had the same last name as the suspect police were actually seeking. We obtained a favorable settlement, but the false arrest and wrongful prosecution caused irreparable trauma to him and his family. Sadly, we have many more stories of clients who suffered similar injustices at the hands of police. Our team is deeply committed to holding law enforcement accountable.
Do You Have A Case For False Arrest?
Christopher Smith is highly experienced and highly regarded for his skilled and tenacious pursuit of justice. When you come to our firm, he will personally assess your potential lawsuit and personally represent you at every stage of the legal process. To arrange a consultation, call us today at 312-432-0400 or contact us by email.