False arrest cases are some of the most complex cases. Often stemming from wrongful convictions, false accusations, and unconstitutional arrests. The Law Office of Joshua P. Golson has extensive experience representing those who believe they have been falsely arrested.
What Constitutes a False Arrest in South Carolina?
In South Carolina, a false arrest occurs when you are unlawfully detained or deprived of your freedom of movement without legal justification. This can happen in various situations, and the arresting party doesn't have to be a police officer. It could be a security guard, a store employee, or even a private citizen. The key element is that the detention was unlawful and lacked proper legal grounds.
Several factors must be present when determining if you were wrongly or falsely arrested, including:
- Lack of Probable Cause: A common reason for false arrest is the absence of probable cause. Probable cause means that there are reasonable grounds to believe that you have committed a crime. This requires more than mere suspicion; it must be based on objective facts and circumstances that would lead a reasonable person to believe that you are guilty.
- Unlawful Detention: Even if there is probable cause, an arrest can be unlawful if it is conducted in a manner that violates your rights. For example, an arrest without a warrant in a situation where a warrant is required, or using excessive force during the arrest, can make it unlawful.
- False Imprisonment: This is a closely related concept, where you are unlawfully confined or restrained against your will. This can occur even without a formal arrest, such as being locked in a room or physically prevented from leaving a place.
Probable cause is a common defense to wrongful arrest/imprisonment accusations, and the issue of guilt is not relevant in such cases. In other words, the arresting party does not need to prove that you were actually guilty of committing a crime, only that they had reasonable cause to believe you were engaged in unlawful activity.
False Arrests as a Civil Rights Violation in South Carolina
In South Carolina, false arrests can be a serious violation of your civil rights, notably your Fourth Amendment right to be free from unreasonable seizures. You may have legal recourse if you believe you have been falsely arrested.
Here are some potential legal actions you can take:
- Civil Lawsuit: You can file a civil lawsuit against the person or entity responsible for your false arrest, seeking compensation for damages such as lost wages, medical expenses, pain and suffering, emotional distress, and damage to reputation.
- Criminal Complaint: In some cases, you may be able to file a criminal complaint against the person who falsely arrested you, primarily if they acted with malice or intent to harm.
- Internal Complaint: If a law enforcement officer made the arrest, you can file a complaint with their agency's internal affairs department.
If you believe you have been falsely arrested, it's crucial to consult with Columbia's premier false arrest attorneys serving justice across South Carolina. At the Law Office of Joshua P. Golson, we can help you understand your rights, gather evidence, and pursue the appropriate legal action to seek justice and compensation.
How False Arrests and Malicious Prosecution Intersect in South Carolina
While false arrest and malicious prosecution often intersect, a false arrest in SC is typically the first step toward malicious prosecution. This happens when someone maliciously initiates legal action without probable cause or justification. Think of it this way:
- False Arrest: The initial wrongful detention, like being handcuffed and taken to jail without a valid reason.
- Malicious Prosecution: Continuing that wrongful process, like being formally charged and dragged through court despite evidence proving your innocence.
You need the advocacy of a seasoned civil rights lawyer in Columbia advocating for South Carolina victims to effectively challenge the further injustice of malicious prosecution, which often follows a false arrest.
Filing Civil Lawsuits for False Arrests
In South Carolina, you can fight back if you've been falsely arrested. A civil lawsuit allows you to seek compensation for the damage inflicted. To succeed, you must prove:
- Unlawful Detention: You were held against your will.
- No Probable Cause: There was no legitimate reason to believe you committed a crime.
- Damages: You suffered harm, be it emotional distress, lost income, or a tarnished reputation.
Gather evidence like police reports, witness accounts, and medical records to build your case. An experienced attorney can guide you through this process, ensuring your rights are protected.
Why Choose Joshua P. Golson for Your False Arrest Case?
At the Law Office of Joshua P. Golson, we champion the rights of the wrongly accused. Attorney Golson possesses in-depth knowledge of false arrest and malicious prosecution laws and has a proven track record of holding those responsible accountable.
We understand the emotional turmoil of a false arrest and offer unwavering support throughout your legal journey. If you’ve been wrongfully arrested, unjustly detained, or targeted by malicious prosecution, contact the Law Office of Joshua P. Golson. Let us help you rebuild your reputation while fighting for a brighter future.
