False Imprisonment Attorneys in New Mexico

Representing Those Who Have Been Unlawfully Detained

Many people think of false imprisonment only regarding wrongful arrests, but these cases can involve a broader range of situations and individuals. Whether a situation qualifies as false imprisonment largely depends on whether the person had legal authority to detain. False imprisonment is an area that can fall under both criminal and civil law, depending on the circumstances, and having legal guidance is important.

Call (505) 588-5716 for a confidential consultation to learn more about your potential legal options.

What Is False Imprisonment?

False imprisonment is when someone is intentionally detained without their consent or legal authority. False imprisonment is a crime under New Mexico Statute § 30-4-3, and those accused can be charged with a fourth-degree felony. It’s important to note that for criminal false imprisonment charges to apply, the defendant doesn’t need a specific motive, and physical restraint isn’t required. False imprisonment can also “arise out of words, acts, gestures, or similar means,” such as an officer falsely claiming that someone is not free to leave after being stopped.

False imprisonment cases can also involve violations of the victim’s civil rights when police or other government officials are involved. In those situations, a civil lawsuit may also be a possibility.

Is False Imprisonment Different From Wrongful Arrest?

Wrongful arrest can be a type of false imprisonment, but false imprisonment is a broader concept that can still occur without someone being arrested. Wrongful arrest cases generally focus on the officer’s lack of probable cause or legal authority to execute an arrest.

False imprisonment, on the other hand, involves any unlawful restriction of movement, whether that’s by law enforcement officers or regular citizens. For example, a manager physically stopping you from leaving a store would be an example of false imprisonment that doesn’t involve a wrongful arrest.

Understanding the differences between false imprisonment and wrongful arrest is important because who can be sued and what the legal process looks like also differ. Our attorneys can explain what legal standards apply to your case and how to move forward with a claim.

Who Can Be Held Liable in a False Imprisonment Case?

When you file a civil lawsuit involving false imprisonment, anyone who caused or contributed to the detention could be held liable. This includes the individual who intentionally detained the other person, as well as larger entities, such as retail stores and other businesses. If a law enforcement officer unlawfully detained you, both the officer and the department could be held liable depending on the circumstances of the case.

In general, police departments, businesses, and other organizations can only be held liable for a civil claim if there were systematic failures in their policies, procedures, hiring practices, or training. Identifying who could be responsible can be complex, and an attorney can help you determine who to name as a defendant in a lawsuit and determine whether it’s a tort or civil rights case.

Will You Have to Take the Case to Trial?

When you’ve gone through an ordeal like false imprisonment, it’s normal to want to avoid ongoing legal battles and get back to regular life as quickly as possible. The good news is that civil lawsuits, including those involving false imprisonment or wrongful arrest cases, are often settled out of court. The defendant is often motivated to avoid the time and cost of a trial. When the case involves a larger organization, such as a business or the police department, a settlement also allows them to avoid negative press.

The negotiation process often involves several rounds of back and forth between the attorneys for the two sides, and it’s not uncommon for the defendant to start with a low-ball offer. Our attorneys are experienced negotiators, and we know what your claim is worth. We’ll carefully review any offer that is presented to ensure it considers the full value of your claim and negotiate on your behalf.

If a negotiation isn’t productive and a settlement doesn’t look like it’s possible, our attorneys can explain what a civil trial would look like and what you can expect from the process. Our firm is here to guide you every step of the way and ensure that you have a strong legal advocate in your corner as you seek justice and compensation for your damages.

What Should You Do If You Were Unlawfully Detained?

If you were unlawfully detained and you think you might have grounds for a claim of false imprisonment, it’s critical to document as much as possible. Write down everything you can remember, and obtain any evidence or records that could help bolster your case. Depending on the situation, this may include messages and phone calls, photos and videos, or medical records and police reports. Don’t talk about the case with anyone or post on social media, and contact a false imprisonment lawyer as soon as possible to determine your next steps.

Being unlawfully detained is an infringement on your rights and potentially a criminal act. Explore your legal options and understand how the law applies to your situation when you call Kennedy Law Firm at (505) 588-5716.