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?


Asked on 6/18/08, 9:45 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

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.

Read more
Answered on 6/21/08, 11:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana