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Can You Sue After A Wrongful Arrest?

| Jan 25, 2019 | Criminal Defense |

Hundreds of arrests happen each day in the United States and many of these are wrongful arrests of defendants who haven’t committed the crime they are ultimately charged with and often serve time for. In a country where at any given moment over 2 million people are in prison, even 1% of an error in arrests can result in several thousands of people behind bars for crimes they didn’t commit.

There are many ways one can be arrested wrongfully including arrest of the wrong person, an arrest of a person without probable cause to believe a crime has been committed by them, arrest without just cause, an arrest using falsely obtained information, an arrest based on race or gender — just to name a few. Any kind of wrongful arrest can potentially result in a lawsuit for damages, whether it’s to regain lost wages or to compensate for mental distress or public embarrassment.

Miami Teen Suing After Serving Time Due To Wrongful Arrest

According to the Miami Herald, “A South Florida teenager once accused of murdering a rabbi in a botched robbery has filed a wrongful arrest lawsuit, claiming that authorities jailed him despite having evidence proving him innocent.” Deandre Charles, 18, spent close to a year in jail before the case and charges against him were dropped. Now he’s suing Miami-Dade police and the case’s lead homicide detective.

Multiple bits of evidence could have been used to prove that Charles was not guilty of the murder, but Charles’ lawyers say they were all ignored by Miami Dade Police during the discovery process, leading to the teen being charged for the crime and serving the unjust time.

How You Can Sue After A Wrongful Arrest

The Fourth and Fourteenth Amendments in the United States Constitution protect citizens from issues like wrongful arrests. The Fourth Amendment states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” And the Fourteenth Amendment says, “No person shall be deprived of life, liberty, or property without due process of law.” These amendments are what help constitute the grounds to sue for a wrongful arrest. Lawsuits to compensate for a wrongful arrest can be filed by the charged defendant or their families.

How To Get Help

Wrongful arrests happen more often than they should. If you believe you or a loved one have been wrongfully arrested for a crime and are looking to sue for damages, an experienced criminal defense attorney can help guide you through the process. Call me today at (305) 442-0200 to see if your case has grounds to file a lawsuit.

References:

US Legal, Inc. (n.d.). Wrongful Arrest Law and Legal Definition. Retrieved from https://definitions.uslegal.com/w/wrongful-arrest/

Ovalle, D., & Ovalle, D. (n.d.). Teen freed in the murder of a rabbi is suing Miami-Dade police over wrongful arrest. Retrieved from https://www.miamiherald.com/news/local/crime/article224867485.html

Soltas, E. K. (2013, August 13). Wonkbook: 11 facts about America’s prison population. Retrieved from https://www.washingtonpost.com/news/wonk/wp/2013/08/13/wonkbook-11-facts-about-americas-prison-population/?utm_term=.4673c88d7cf4

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