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Chicago False Arrest Attorney
Detention and Arrest
If you’ve been arrested, detained, or held against your will — whether by a police officer, a security guard, or someone else — you might be wondering whether the action was lawful, and whether there may be a criminal or civil case to pursue.
Although police can only detain people on the grounds of “reasonable suspicion” or because of probable cause that the person has committed a crime, some unscrupulous officers use their power to arrest people for their own personal reasons or for no reason. The ability to detain and arrest is one of the most frequently abused police powers. The flagrant abuse of this power undermines the trust and faith people have in those they pay to protect them.
False Arrest is easier to quantify than excessive force, because while the amount of power needed to perform a job is questionable, the ability to detain a person suspected of a crime is very clear and detailed.
False arrest is the unlawful restraint of a person’s freedom of movement. It can occur any time one person:
It does not matter whether the officer (or store manager) personally believed the person had committed a crime. Nor does it matter whether the person was actually guilty of an offense. (Guilt is a question for criminal court, and requires proof beyond a reasonable doubt.)
The police officer also does not have to personally observe the crime for probable cause to exist. Information from a victim or an eyewitness can provide probable cause to arrest — so long as it was reasonable to believe that person. Before an arrest can be supported by probable cause based on secondhand information, however, there usually must be some other corroborating evidence linking the person to the alleged crime.
If you have been subjected to a false arrest, you may have the right to seek damages against those who are liable. You need to have dedicated and experienced counsel in order to pursue justice against those who abuse their power as law enforcement officers. You need not be a victim of unchecked power any longer.
Chicago False Arrest Attorney
Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. If you feel that you or someone you know has been the victim of false arrest, contact the Chicago, Illinois, Law Office of William Carlos Weeden promptly so that valuable evidence does not disappear. You may be entitled to take legal action against those responsible, and claim financial restitution based on your situation.
Law Office of William Carlos Weeden
The information on this website has been provided for general informational purposes only and does not constitute legal advice nor create an attorney-client relationship or warrant that a certain result will be attained in a specific case. The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and the certificate, award or recognition is not a requirement to practice law in Illinois. We encourage you to contact us or another legal professional for advice regarding your individual situation.