Remedy for a Wrongful Arrest? | New Jersey Traffic Lawyer ...

Our legal system is only as trustworthy as it is accountable for its wrongs. And for many of us, a wrongful arrest for something we didn?t do is one of the greatest wrongs imaginable. So what happens if you are arrested without cause, or charges are pressed against you without a legal basis? Can you sue?

There are several remedies for this type of offense against the public: most importantly, you can resist an unlawful arrest or sue for malicious prosecution.

Malicious prosecution occurs when a case is brought against you without a legal basis, and with a malicious intent. A malicious prosecution claim can be brought in response to baseless criminal charges as well as the bringing of a baseless civil lawsuit. You can bring such a claim and recover monetary damages against someone who encouraged the original suit.

In most states, some level of immunity is granted to public servants such as police officers and prosecutors. In most cases, this means that you can?t bring a claim against a prosecutor for malicious prosecution if that prosecutor had some reasonable belief that you committed the crime, and that there was enough evidence to prosecute you for it. This may be easy to prove, or difficult to prove, depending on the case.

If you are being arrested unlawfully, you technically have the right to resist that arrest. This is based on constitutional principals, and has been upheld by the United States Supreme Court. The idea is that the police only have certain authority. They do not have the authority to detain you without cause, and they do not have the authority to touch you for no reason. This means that if they do do these things, they have no legal authority, and are therefore acting as anyone who touches or detains you without a justification, and that means they have committed a battery or assault.

However, the legal right to resist and unlawful arrest does not necessarily mean that doing so is the best choice. It can lead to additional criminal charges and trouble with the law, even a beating from police. It is better to challenge an arrest afterward with an experienced attorney than to do so physically during an arrest.

This information is not intended as legal advice.

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