False Arrest: What Are Your Options?

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If you are the victim of a false arrest, you may have legal options for compensation. You need to realize that being mistakenly arrested is different than being the victim of a false arrest. Other factors also apply in these cases. However, if you are arrested outside of the bounds of the law, you will need the services of a lawyer in order to seek compensation.


If the police storm your door, handcuff you, and take you into custody when you are innocent of any crime, it most likely is not false arrest. As long as they have the proper warrant, they are not liable for the mistake, unless of course, you are unnecessarily injured during the experience. Hopefully, their mistake will become apparent before you go to trial. Although a mistake is not false arrest, officers deliberately overstepping their power is. If you are out in public and offend a police officer, they don't have the right to arrest you. Insults or surliness are not a crime. Even obscene gestures directed at officers are allowed under the law, although they are not advisable or mature. Remember, even if you are being wrongly arrested, you still cannot legally resist an officer. That action is a separate crime that has nothing to do with whether you are rightfully being arrested.


If your significant other locks you in the bedroom, that can be considered false arrest as well. Private citizens can be found guilty of this crime if they restrict your freedom.This act may also be considered false imprisonment. These citizens should be charged by the legal system for this crime, but you may also want to take civil action against them.

Legal Action

You can sue a law enforcement officer or private citizen for false arrest, but you will have to find a lawyer from a firm like Swartz & Swartz P.C. and file the case in civil court. If you have a strong case, you may find a lawyer who will take the case on a contingency, meaning you will not have to pay for their services unless you win. Gather your evidence and make an appointment for an evaluation from a skilled attorney. They will tell you if you have a winnable case or not.

False arrest happens every day in the United States, but not everyone knows exactly what the term means. When the police arrest the wrong person legally, they are not guilty of false arrest. Private citizens never have the right to restrict your freedom, however. If you think your rights have been infringed upon, call a lawyer and seek compensation.