GEORGIA FALSE ARREST LAWYER
SUING GEORGIA POLICE FOR WRONGFUL ARREST
If Georgia police arrested you without probable cause, your constitutional rights may have been violated. Blake Weiner Law represents victims of false arrest and police misconduct throughout Georgia.
Millions of dollars won
Numerous Jury Trial Victories
High Profile & Complex Case Victories
former Assistant U.S. Attorney
Can You Sue for False Arrest in Georgia?
Potentially. A person arrested without probable cause may have claims under Georgia law and, depending on the circumstances, federal law.
The Fourth Amendment protects against unreasonable searches and seizures. An arrest is a seizure, and police generally need probable cause to believe that a person committed a crime before making an arrest.
When an officer makes an arrest without probable cause, the person arrested may be able to pursue a federal civil rights claim under 42 U.S.C. § 1983.
Whether a viable claim exists depends heavily on the facts of the arrest, what information the officer possessed at the time, the charges involved, and how the criminal case was ultimately resolved.
What Is Probable Cause for an Arrest?
Probable cause requires more than a hunch or unsupported suspicion. Police must have sufficient facts and circumstances to reasonably believe that the person committed or was committing a crime.
False-arrest cases can arise when officers:
- Arrest the wrong person;
- Rely on unreliable or plainly insufficient accusations;
- Ignore readily available evidence undermining probable cause;
- Arrest someone based only on association with other suspects;
- Misrepresent or omit important information when obtaining an arrest warrant;
- Arrest someone for conduct that does not actually constitute a crime; or
- Continue an arrest despite facts demonstrating that there is no probable cause.
Not every mistaken arrest creates a civil rights claim. The central question is generally whether the arrest was legally justified based on the information available to law enforcement.
False Arrest After Charges Are Dismissed
Having criminal charges dismissed does not automatically establish that the original arrest was unconstitutional. However, dismissal of the charges can be important when evaluating a potential civil rights case.
The reason the case was dismissed matters.
For example, a case in which evidence later becomes unavailable is different from one in which the evidence demonstrates that police lacked probable cause from the beginning.
A Georgia false arrest lawyer can review the arrest warrant, police reports, body-camera footage, witness statements, court records, and other evidence to determine whether the arrest may have violated the Fourth Amendment.
False Arrest Based on an Arrest Warrant
An arrest warrant does not necessarily prevent a civil rights claim.
Police officers cannot knowingly or recklessly provide false material information to obtain a warrant. Constitutional issues can also arise when an officer leaves important information out of a warrant application and the omitted information would have affected the probable-cause determination.
These cases frequently require careful comparison of the warrant application with body-camera footage, reports, witness interviews, dispatch records, and other evidence showing what investigators actually knew.
False Arrest and Police Misconduct Claims
An unlawful arrest may be only one part of a larger police misconduct case.
Depending on the circumstances, an arrest may also involve excessive force, unlawful searches, malicious prosecution, fabricated evidence, or other constitutional violations.
Blake Weiner Law represents individuals in Georgia police misconduct cases and evaluates the entire encounter—not simply the criminal charge that resulted from it.
What Compensation Is Available for a False Arrest?
The damages available depend on the circumstances of the case. Potential damages may include compensation for:
- Loss of liberty;
- Time spent incarcerated;
- Emotional distress;
- Physical injuries;
- Lost income;
- Medical expenses; and
- Other harm caused by the unconstitutional arrest.
In appropriate federal civil rights cases, additional damages may also be available.
What Evidence Is Important in a False Arrest Case?
Evidence should be preserved as quickly as possible. Important evidence may include:
- Body-worn camera footage;
- Dash-camera footage;
- Police reports;
- Arrest warrants and affidavits;
- 911 recordings;
- Dispatch and CAD records;
- Surveillance video;
- Witness statements;
- Photographs;
- Cell-phone video;
- Jail records; and
- Records from the underlying criminal case.
Obtaining this evidence early can be particularly important because some video and electronic records may not be retained indefinitely.
Former DOJ Prosecutor Representing Victims of Police Misconduct
Before representing individuals accused of crimes and victims of police misconduct, Blake Weiner served as a federal prosecutor and as a federal judicial law clerk.
Today, his practice includes civil rights litigation involving law enforcement and alleged violations of the Constitution. He has handled civil rights cases in federal court and has obtained successful jury verdicts for his clients.
That combination of criminal and civil rights experience can be particularly important in false-arrest cases because the potential civil lawsuit is often closely connected to what occurred during the underlying criminal investigation and prosecution.
Georgia False Arrest Lawyer
If you were arrested without probable cause in Atlanta or elsewhere in Georgia, Blake Weiner Law can evaluate the circumstances surrounding your arrest and determine whether you may have a viable civil rights claim.
Do not assume that an arrest was lawful simply because an officer made it or because a judge signed a warrant. The underlying facts matter.
Contact Blake Weiner Law to discuss your case.
Frequently Asked Questions About False Arrest in Georgia
Can I sue the police if my charges were dismissed?
Possibly. Dismissal of criminal charges does not automatically mean the arrest was unconstitutional. The important question is whether law enforcement had probable cause for the arrest and whether other constitutional violations occurred.
Can I sue if I was arrested under a warrant?
Potentially. A warrant does not necessarily eliminate a civil rights claim, particularly when material false statements or omissions affected the probable-cause determination.
Is being found not guilty enough to prove false arrest?
No. An acquittal means the prosecution did not prove guilt beyond a reasonable doubt. Probable cause is a different and substantially lower legal standard. The facts supporting the original arrest must therefore be evaluated separately.
Can I sue for being jailed after a false arrest?
Potentially. Time spent incarcerated as a result of an unconstitutional seizure can be relevant to damages, although the viability and scope of a claim depend on the particular circumstances.
How long do I have to file a false arrest lawsuit in Georgia?
Deadlines can be complicated and may vary depending on the claims and defendants involved. Anyone considering a claim should speak with an attorney promptly rather than waiting until a deadline approaches.
Talk to a Georgia False Arrest Lawyer
If you believe Georgia police or law enforcement arrested you without probable cause, you don’t have to determine on your own whether the officer violated the Constitution.
Blake Weiner Law investigates police misconduct claims, obtains the available evidence, and determines whether there is a viable claim against the officers or other responsible parties.
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