New Mexico Wrongful Arrest Attorneys

Protecting Your Constitutional Rights After a Wrongful Arrest

Being pulled over or stopped by a police officer can be unsettling, even if you don’t think you’ve done anything wrong. In most cases, these interactions resolve without anything more than a traffic citation. But not always. Law enforcement officers generally need legal authority, whether that’s a valid warrant or probable cause, to arrest someone. If someone is arrested without that legal authority, it can be a wrongful arrest, sometimes also called a false arrest, which is a civil rights violation.

Many people don’t understand the differences between legal terms like probable cause and reasonable belief, and may not be aware that an arrest was unlawful. Our firm can help you determine if your constitutional rights were violated during an arrest and provide guidance on whether you may have a state or federal case. Call (505) 588-5716 to schedule a confidential consultation with an attorney at Kennedy Law Firm.

When Is an Arrest Wrongful?

Whether an arrest is wrongful depends on whether the officer had probable cause or valid legal authority, such as an arrest warrant. This is a different standard than what is required for other situations, such as stopping a vehicle. In those cases, the officer generally only needs reasonable suspicion to conduct a stop. Arrests have a higher standard, and when this standard isn’t met, it can cross the line into unlawful detention and arrest.

Potential scenarios that could result in a wrongful arrest include:

• Arresting someone based on an invalid or expired warrant.
• Arresting someone when there is no probable cause that a crime has occurred.
• Arresting someone based on knowingly false information.
• Arresting the wrong person based on mistaken identity.

It’s important to remember that a wrongful arrest case centers on the legality of the arrest itself. Other potential issues, such as excessive force or a wrongful conviction, fall under different parts of the law. A wrongful arrest case is based on what the officer knew at the time and the totality of the circumstances surrounding the arrest.

What Rights Do You Have Against Wrongful Arrest?

The Fourth Amendment of the United States Constitution protects against unreasonable seizures, including arrests without probable cause. This makes wrongful arrest a civil rights violation. The Fourteenth Amendment also states that no state can make or enforce any law that deprives a person of their liberty without due process. Due process refers to fair legal procedures, which would include only arresting someone with probable cause or valid legal authority.

If you were subjected to a wrongful arrest, you may have grounds to file a civil rights lawsuit and seek financial compensation. This is a complex area of the law, and talking with an experienced civil rights attorney can ensure you understand how the Constitutional amendments apply to your situation and whether you have a legal case against the officer or the department.

Who Can You Sue for Wrongful Arrest?

Who you can sue for wrongful arrest depends on the circumstances and whether you’re considering filing in federal or state court. Federal civil rights lawsuits often involve claims against individual officers, but it’s more difficult to include the police department or other larger entities. Federal law requires there to be specific circumstances, such as a systemic failure to train or a policy and procedures issue that was the moving force behind the arresting officer’s actions. This is referred to as the Monell standard.

However, New Mexico law allows police departments and other public bodies to be sued directly under the New Mexico Civil Rights Act (NMCRA). The NMCRA also doesn’t allow qualified immunity as a defense, which can open a simpler path toward legal resolution. Our attorneys can help you determine who may be legally responsible for your wrongful arrest and in what court to file to maximize your chances of a positive resolution.

What Happens If the Charges Were Dropped After the Arrest?

We sometimes hear from clients who are concerned that they were subject to wrongful arrest because the criminal charges against them were later dropped. These are generally two separate issues, however. Criminal charges are often dropped in cases where the prosecution doesn’t believe that there is enough evidence to win the case. An officer can have probable cause for an arrest, but the prosecutor feels that the evidence isn’t strong enough to get a jury to convict.

Wrongful arrest cases focus on what happened and the officer’s knowledge and intentions at the time of arrest. If the officer had probable cause for the arrest or was executing an arrest warrant, it would be a lawful arrest regardless of whether the charges were dropped later on. However, having your charges dropped after arrest can be helpful to your case if the charges were dropped because the officer relied on false or misleading information or if the arrest wasn’t executed with legal authority.

What Should You Expect During a Wrongful Arrest Case?

Wrongful arrest lawsuits often involve lengthy processes, from the initial case evaluation and interviewing witnesses to filing pretrial motions and engaging in settlement discussions with the defense. How long these cases can take to resolve depends heavily on the evidence and circumstances, as well as whether the parties are willing to settle out of court.

At Kennedy Law Firm, our attorneys will provide a clear outline of what you can expect during a wrongful arrest case and keep you updated every step of the way. Our legal team has extensive experience with cases involving civil rights violations. And we’re here to offer our legal assistance to those in Albuquerque, Santa Fe, and the surrounding areas. Call (505) 588-5716 for a confidential consultation.