What Can I Do if I Am Falsely Arrested and Imprisoned in Illinois?

 Posted on August 14, 2020 in Civil Rights

Police brutality has been in the news lately, and many may think it simply involves officers using excessive or unreasonable force on suspects. However, police brutality can take other forms, including violating a person’s rights to due process, which can result in serious consequences. Examples of this include false arrest and imprisonment. Besides the psychological damage caused to a person after he or she is wrongfully arrested, other ramifications may take place. An individual could lose his or her job, resulting in significant financial problems and possible loss of child custody or parenting time. Although the U.S. Constitution states that every person is innocent until proven guilty, it is important to note that any civil rights violation is illegal despite a suspect’s innocence or guilt. An experienced civil rights attorney can help injured parties take legal action to hold police officers and police departments responsible for this unlawful behavior and activity.

Rights to Due Process

According to the U.S. Supreme Court, there are certain constitutional rights that every American has. When anyone is taken into custody and questioned, he or she must be informed of the following, known as the Miranda rights:

• You have the right to remain silent.

• Anything you say can and will be held against you in a court of law.

• You have the right to an attorney; if you cannot afford an attorney, one will be appointed to you. 

There are specific procedures that must be followed when police make an arrest to ensure that a suspect’s rights are not violated. Officers need a valid search warrant to find evidence in a person’s vehicle or home before arresting an alleged criminal. In some cases, law enforcement officers may act beyond or outside of the scope of their authority in order to get what they want. For instance, they may arrest someone simply because they do not like the way that person looks or talks. 

A person’s rights to due legal process may be violated if the following actions occur:

• Police officers place a suspect under arrest based on false pretenses.

• An illegal search and seizure is conducted.

• Police officers fabricate evidence against the suspect.

Intentionally or wrongfully limiting or restricting another person’s personal freedoms, against the person’s consent, commits false arrest or false imprisonment, which is considered a crime in Illinois. A skilled attorney can help you pursue a civil claim against this type of police brutality. 

Contact a Chicago Civil Rights Attorney

Being arrested and taken to jail under any circumstances can be traumatizing. In some cases, it may be based on false evidence or improper law enforcement procedures. If you or your loved one suffered an injury due to police brutality or your civil rights were violated, it is imperative that you seek professional legal counsel. At Kadzai Law Group, LLC, we will seek justice on your behalf. Our diligent Cook County civil rights lawyers will determine liability for your damages and hold those responsible accountable for their unlawful actions. Call us today at 312-229-0050 to schedule your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2492&ChapterID=57