For some Americans, fear of being arrested for a crime they did not commit has become a legitimate concern. In July of 2015, the Washington Post reported that 1 in 25 defendants sentenced to death are later shown to be innocent. While organizations like the “Innocence Project,” founded in 1992 to exonerate those wrongfully convicted through DNA testing, have made significant progress in reforming the criminal justice system, much more can be done to achieve civil justice for the wrongly accused.
The 4th Amendment to the United State Constitution imparts upon every individual the right to be free from arrest (imprisonment) without probable cause to arrest. However, an arrest made with probable cause is lawful even if the crime had not actually been committed. Under Michigan law, an officer who has been made aware of information, facts or circumstances which were sufficient to lead a reasonable person to believe that a crime was committed, and the person arrested had committed the crime, probable cause exists to make an arrest.
The False Arrest attorneys at Moss & Colella have the experience and legal knowledge to determine whether an arrest has been made lawfully or not. Critical analysis of the facts, details and information known to a police officer – – or in some cases private security – – is critical to evaluating a false arrest case. Moreover, the development of facts during discovery proceedings is vital to successfully establishing a False Arrest case.
If you believe that you have been falsely arrested, detained or incarcerated, call the attorneys at Moss & Colella at 1 (800) MUST-WIN and put us to work for you.
Don’t take on the government by yourself, hire the experts!