Legal Question in Criminal Law in California

false citizen's arrest

What happens when a citizen's arrest is made that is false? Do we have any recourse on filing a counter claim for the person providing false info to the police, not to mention the amount of bail money and the cost of our car being towed? No statements by an impartial party were allowed (in this case, my husband and myself vs. a teenager and her mom...no neighbors were asked what they saw, which would have cleared my husband of the false accusation). Do you need more info on this? I didn't want to make it confusing...


Asked on 12/23/05, 12:25 pm

4 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: false citizen's arrest

I have not read the other attorney responses. I am now handling two similiar cases in my firm. You could sue for False Imprisonment, Intentional Infliction of emotional distress, and other potential torts. These torts bring with them punitive (punishment damages).

If you are in Southern California, I would be more than happy to give you a free consultation. You may reach me through my website. www.thepersonalinjury.com my emails and phone numbers are on the site.

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Answered on 12/24/05, 2:30 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: false citizen's arrest

Sounds like a good case for small claims court, there are good books on the subject in any library or from nolo.com .

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Answered on 12/23/05, 1:26 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: false citizen's arrest

If the arrest information was intentionally falsified, you have standing to sue. More details would be needed however. For a free consultation, contact us directly today.

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Answered on 12/23/05, 3:31 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: false citizen's arrest

A citizen that makes a citizen's arrest is liable for all damages that result from a false arrest. The usual procedure is to complete the criminal case, in a manner favorable tothe arrested person and then sue the person performing the arrest in civil court.

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Answered on 12/23/05, 3:48 pm


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