Do I have the right to have my case dropped and or sue for damages for false in prisonment and false arrest?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have the right to have my case dropped and or sue for damages for false in prisonment and false arrest?

I was placed in custody after my house was searched by law enforcement for

child protective custody issues and was even booked into jail. Later I received

a letter from the district attorney saying that I was detained I still paid the bond and I’m still paying the bond if I wasn’t arrested do I have some type of case against the local government and police department and or government agency and do they drop my case and do I get my bond paid back to me if I was not arrested.

Asked on June 28, 2018 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not being arrested does NOT mean it was false arrest or unlawful imprisonment: people may be brought in and detained legally if there is some cause to do so, even if they ultimately are not arrested or if charges are never brought (or if brought ,are later dismissed). So long as there was grounds to bring you in and detain you in the first place, it was legal. False arrest is only if the officer knowingly acted improperly (e.g. knew there were no grounds to detain you, but did so anyway to harass you) or recklessly ignored a preponderance of evidence or facts showing that there were no grounds to detain you.
IF it was a false or unjustified arrest by the standards above, you should be able to get the case dismissed and may have grounds to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption