Wrongful Arrest Attorney Near You
In Colorado, the law is designed to protect your freedom, and yet, police officers can overstep their bounds and detain people without valid reasons. When this happens, the officer can and should be held accountable.
If you’ve been detained without a valid reason and are searching for a wrongful arrest attorney near you, Rodemer Kane is here to help make things right. Understanding your rights is the first step.
What is a Wrongful Arrest?
A wrongful arrest occurs when someone, usually a police officer, restricts your freedom and holds you against your will without having the legal right or a valid justification to do so. It isn’t just a “misunderstanding”; it is a significant violation of your personal liberty.
Can You Sue for Wrongful Arrest in Colorado?
When an officer arrests you without a legal basis, they are violating your Fourth Amendment right, which protects you against “unreasonable searches and seizures.” In Colorado, state laws make it possible for citizens to seek justice with the help of a attorney for wrongful arrest when their civil rights are ignored.
When you file a false arrest lawsuit, you can sue to recover:
- Attorney Fees: The cost of defending yourself against the initial false charges.
- Lost Income: Money you lost because you missed work while in jail or dealing with court dates.
- Emotional Distress: Compensation for the trauma, anxiety, and fear caused by the incident.
- Reputational Damage: Compensation for the harm done to your professional or personal standing in the community.
Steps to Take After a False Arrest to File a False Arrest Lawsuit
If you find yourself in a wrongful arrest, how you handle the situation is crucial. It’s important to follow these steps to help the success rate of your lawsuit:
- Do Not Resist! Even if the arrest is 100% illegal, resisting arrest can give the police a “valid” reason to charge you with a new offense.
- Gather Evidence: As soon as you’re able, write down everything you can. Get the names of the officers, badge numbers, and contact information for any witnesses. If you have injuries, take photos before they heal.
- Contact a False Arrest Attorney Near You: In order to ensure you don’t miss anything crucial, contact a professional who can help you navigate between Colorado state laws and Federal civil rights laws to build you a strong case.
When filing a wrongful arrest lawsuit, there are three important things to keep in mind:
- You MUST Prove the Arrest was False: You and your lawyer must be able to demonstrate that the officer lacked probable cause, meaning they didn’t have enough information to reasonably believe you committed the crime in question.
- Statute of Limitations: In Colorado, you have 2 years from the date of the arrest to file a lawsuit. The sooner you file the lawsuit, however, the better, because all the information you need will be readily available to you.
- Types of Damages: You may be eligible for a few different types of damages. First are compensatory damages, which cover your actual losses due to the wrongful arrest. Second are punitive damages, intended to punish the officer for misconduct. And finally, you may seek coverage of your legal fees.
What are Unlawful and Warrantless Arrests?
Ensuring you understand the difference between a warrantless arrest and an unlawful arrest will help you in deciding to file a false arrest lawsuit and win.
Legal Warrantless Arrest
The police do not always require a warrant to place you under arrest. An arrest without a warrant is legal as long as these remain true:
- Probable Cause Exists: The officer has to have solid evidence or personal knowledge that a crime was committed.
- Exigent Circumstances: There has to be immediate danger to the public or a high risk that a suspect will escape or destroy evidence.
The Unlawful Arrest
A warrantless arrest is illegal when the arrest does not have probable cause or a valid exception. If an officer acts on a hunch or in retaliation, they’ve crossed a legal line.
Common Grounds for a Wrongful Arrest Lawsuit in Colorado
Every case is unique, but most wrongful arrest claims fall under one of these categories:
- Lack of Probable Cause: The most common ground; there simply wasn’t enough evidence to justify the arrest.
- Invalid or Fabricated Warrants: Being arrested based on a warrant that was expired, technically flawed, or obtained through lies.
- Mistaken Identity: Arresting the wrong person due to lazy investigative work.
- Unlawful Search & Seizure: When police find “evidence” only after performing an illegal search, then use that evidence to arrest you.
- Retaliation: Being arrested because you were exercising your rights, such as filming the police in public or participating in a peaceful protest.
- Excessive Force: When the arrest involves physical violence that goes far beyond what was necessary to take you into custody.
How Much Does a Attorney for Wrongful Arrest Cost?
After a wrongful arrest, the last thing you want to worry about is a legal bill. Many don’t get justice because they assume they can’t afford a false arrest lawyer, but that’s not the case. Your initial consultation with us is free of charge, and if we take your case, you won’t pay unless we win. You never pay out-of-pocket for our services; our firm only receives payment as a percentage of the settlement or verdict we secure for you. Discover how we can protect your rights by scheduling a risk-free consultation with a dedicated Colorado Springs false arrest lawyer near you.
Contact a Colorado Springs False Arrest Attorney Near You
If you or a loved one has been a victim of police misconduct and need more information from a nearby wrongful arrest lawyer, contact Rodemer | Kane for a free initial consultation. Our team of expert wrongful arrest attorneys near you are here to guide you through the complexities of your case, ensuring you receive full and fair compensation for your injuries. Whether you are dealing with a violation of your 4th Amendment rights or seeking justice for a loved one, our team is prepared to fight for the accountability you deserve. Reach out now to start your journey toward justice.