Legal Question in Criminal Law in Indiana
Wrongful arrest
What if any legal action can I take if I'am arrested for something I didn't do?
1 Answer from Attorneys
Re: Wrongful arrest
Likely nothing as long as the police had probable cause to believe you committed a crime or were the suspect they were looking for. You can sue for malicious prosecution, but there is a standard and various elements that you have to meet/prove, and unless you have any damages (such as being imprisoned or incurring legal fees), you aren't entitled to any recovery. Basially you'd have to prove that the police made a BIG mistake and acted on information they should have known was false when they arrested you. Police are entitled to immunity for their actions, unless they are "grossly negligent," which is a high standard to beat.
If you are charged with a crime and are innocent, make sure you hire a lawyer to assist you, as you do not want a wrongful conviction.
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