Protecting Your Rights When You Are Arrested Without Probable Cause
Being arrested is one of the most frightening and life-changing experiences a person can endure. Even if the charges are later dropped or you are found not guilty, the damage to your reputation, career, finances, and emotional well-being can be significant. If you believe you were arrested without legal justification, you may have the right to pursue a civil claim against the responsible officers or government entities.
At Wiener Legal, we represent individuals whose constitutional rights have been violated by unlawful police conduct. If you have been the victim of a false arrest, our attorneys will carefully evaluate your case, investigate the circumstances surrounding your arrest, and fight to hold law enforcement accountable.
What Is False Arrest?
A false arrest occurs when a law enforcement officer takes a person into custody without legal authority or probable cause. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures, including arrests made without sufficient evidence. Police generally need probable cause, a reasonable belief, based on facts and circumstances, that a crime has been committed and that the person being arrested committed it.
Simply being arrested and later having charges dismissed does not automatically mean the arrest was unlawful. The key legal question is whether the officer had probable cause at the time of the arrest.
Examples of False Arrest
False arrest cases can arise in many different situations, including:
- Arrest based on mistaken identity
- Arrest without probable cause
- Fabricated or falsified police reports
- Arrests resulting from false witness statements
- Racial profiling or discriminatory enforcement
- Arrest after an unlawful traffic stop
- Arrests based on illegally obtained evidence
- Arrests made in retaliation for exercising your constitutional rights
- Continuing to detain someone after officers know there is no legal basis
Every case is unique, and determining whether your rights were violated requires a detailed review of the facts.
Can You Sue for False Arrest?
In many cases, yes.
If police officers violated your constitutional rights by arresting you without probable cause, you may be able to bring a claim under federal civil rights law (42 U.S.C. § 1983), as well as applicable Pennsylvania law. These cases can be complex because law enforcement officers often assert legal defenses such as qualified immunity. Successfully pursuing a claim requires a thorough investigation and experienced legal representation.
Potential compensation may include:
- Medical expenses
- Lost wages
- Emotional distress
- Damage to reputation
- Out-of-pocket costs
- Other economic and non-economic damages
- Punitive damages in appropriate cases
Why Choose Wiener Legal?
Police misconduct cases require extensive legal knowledge and careful investigation. Our firm is committed to protecting the constitutional rights of individuals who have been wrongfully arrested and holding public officials accountable when they abuse their authority.
When you work with Wiener Legal, you can expect:
- Personal attention from experienced attorneys
- Thorough investigation of your claim
- Honest evaluation of your legal options
- Aggressive representation throughout your case
- A commitment to protecting your civil rights
The Law Offices of Richard M. Wiener practices in federal and state courts in PA, NJ, and CO.
» Contact us to ask a question or request a free consultation.
Testimonials
“Richard and staff took care of all of my concerns, and communicated with me throughout the entire process. I’m very satisfied with the quality of work and would recommend the Law Offices of Richard M. Wiener.”
Jason M.
“I was very pleased with the level of concern I received from yourself and your staff. I always received answers to my questions with great compassion and honesty. I always felt that everyone there really cared about myself and my injuries. Whenever I felt anxious or frustrated you always made me feel better.”
Maritza M.
“Your staff is very well educated in the needs of the victim of a motor vehicle accident. They are courteous and always available to answer any and all of my concerns. I was always given a time or date when my questions would be answered if they were not answered at the moment I asked. And that was always fulfilled. I would recommend your office to anyone in need of representation.”
Joseph S.
