False arrest is often thought of as a criminal matter, but you can be paid compensation in some cases. This type of case falls under the umbrella of law enforcement misconduct, and it's not an easy course of action to take. If you believe you were arrested without good reason, read on to find out how to take legal action and sue law enforcement.

Proving a Lack of Probable Cause

One of the most challenging aspects of a false arrest case is that you must prove that law enforcement personnel did not have probable cause to arrest you. While it's true that law enforcement cannot just arrest people without a reason, the standards for probable cause can be vague. You have to show that law enforcement acted recklessly and without good reason when they arrested you. Unfortunately, probable cause can often be established by very simple means — that law enforcement had reason to believe that you committed a crime.

Circumstances of the Arrest

Many people never think about it, but you can be arrested in three different ways. You can be arrested at the scene of a crime based on law enforcement observations. This is by far the most common way people end up behind bars. These arrests don't need a warrant and depend on officers acting on probable cause. One example of an on-the-scene arrest is a DUI. You can also be arrested as a result of a warrant issued by a judge that is based on information that a crime has been committed. Judges in this situation have to be convinced to issue warrants based on affidavits submitted by law enforcement detailing probable cause. The third way is also using a warrant, but that one is obtained after an investigation is performed. This type of arrest is the result of weeks or even months of investigations by law enforcement. For example, suspected drug dealers may have been under surveillance for weeks, and the arrest comes after enough evidence is gathered.

Seeking Damages for False Arrest

You have to show that you were harmed by the arrest to be successful with a case. Other elements of a false arrest case to keep in mind are:

• You must show that probable cause did not exist.
• You must show that you were either released or found innocent by trial.
• You must show that you suffered harm to your health, financial situation, employment, relationships, reputation, and more.

Speak to a personal injury attorney for more help in this matter.