Here we will explore what happens if you are wrongfully arrested, and if you are eligible for Wrongful Arrest Compensation. Because the damages inflicted due to wrongful arrests, wrongful arrest compensation programs have been established to aid the victims of an unintentional victimization crime.
I have a very high regard for our men and women who serve us and their communities each and every day in the position of law enforcement officers. Far too often we come to take them for granted, not even really understanding what they do to protect us from innumerable crimes. Basically, unless you are confronted one on one with an officer, you rarely ever give them any thought at all.
Although our law enforcement officers by far perform their duties in a stellar manner there are times when they make mistakes, mistakes that can be devastating to an innocent person wrongfully arrested for a supposed crime. Sometimes these arrests occur simply on the suspicion that a crime was committed and without any hard evidence of the crime or that the person being arrested, falsely, had any involvement.
Wrongful arrest can also be known as False Arrest, and can simply be a case of mistaken identity.
In the United States the Fourth and Fourteenth Amendments to the Constitution protect every citizen against being falsely arrested and/or imprisoned, providing that “No person shall be deprived of life, liberty, or property without due process of law.” Thankfully, more often than not, when a person is wrongfully arrested the mistake is cleared up as quickly as possible. However, if you have ever been a victim of a wrongful arrest, you will understand that even just an hour behind bars can lead to a lifelong series of emotional stresses. It can shatter your feeling of safety and security among those you are supposed to be able to feel safe with. This emotional, and sometimes physical, damage is real. The arrest alone, even though it was misguided, can even lead to the loss of employment regardless of one’s innocence.
What You Should Do If You Have Been Wrongfully Arrested
In the United States, 42 U.S.C. §1983 outlines the law imposed upon any party who violates a person’s Constitutional rights. These parties include public citizen’s arrest persons, police officers, federal agents, state police, highway patrols and homeland security officers. This law also allows for the distribution of financial compensation to be awarded to those who have been wrongfully arrested by such named law enforcement officials. The laws protecting persons from wrongful arrest in the United Kingdom hold very similar to those of the United States.
First and foremost it is important to be aware of the fact that in wrongful arrest situations there is a statute of limitations imposed upon the amount of time a person can wait to file for damages after the date upon which the wrongful arrested occurred. Because of this, it is vital that you seek legal representation as soon as possible in order to protect your interest in obtaining any wrongful arrest compensation.
Wrongful Arrest Compensation Evidence
Another issue that you will have to prove in order to receive any wrongful arrest compensation is an issue which many have come to disagree with. This item of contention revolves around the fact that you will have to prove that the arrest was made out of malice, incompetence, racism or for the arresting officer’s personal gain such as to be able to receive a promotion.
Other areas that will need to be looked at in order to determine what, if any, amount of wrongful arrest compensation you will be entitled to receive is whether or not there was excessive force used in making the arrest, the amount of embarrassment inflicted by the ordeal, the degree of damage that has occurred to your reputation, loss of wages and/or employment, any physical injuries that were sustained during the arrest, illnesses that arose due to the trauma of the arrest, whether death itself occurred, a growing outcome associated with the use of tasers, and punitive damages.
Along with filing for wrongful arrest compensation a person may also file for wrongful imprisonment compensation as the two usually go along hand-in-hand, but sometimes wrongful arrest compensation will be the only thing you file for, if you can get this in quickly and avoid imprisonment. Of course if you are innocent.
Wrongful Arrest Compensation Payouts?
The laws protecting against wrongful arrest and wrongful imprisonment are two-fold in that they protect each citizen and, in turn, they protect law enforcement officials, both of which can find themselves falling victims in a non-perfect system of checks and balances on personal rights versus communities’ safety.
Some claims can be $250,000, some could result in millions of $’s being paid. But It’s almost impossible to predict what a wrongful arrest compensation claim will payout, it does depend on the incident at hand.
If you feel you are entitled to wrongful arrest compensation, stick around and lawfully fight your cause. Do not by all means flee the state or indeed the country and expect your fight to be won by your legal representative. Resisting unlawful arrest will not go in your favor.
Be sure that you have not just good but great representation – if things go as far as imprisonment acting with any delay could leave you in prison for much long that you should be, like the case of Alan Northtop.