Not every arrest, detention, or prosecution is legal under state or federal law. Moreover, unlawful arrests can lead to unlawful prosecutions. Police officers and prosecutors must follow strict rules regarding arrests and criminal court cases. When they don’t, the people they accuse may have grounds for a civil claim.
If you know or suspect you were treated unfairly by law enforcement or the courts, it’s worth understanding the differences between wrongful arrest, false imprisonment, and malicious prosecution.
Wrongful Arrest vs. False Imprisonment vs. Malicious Prosecution: What’s the Difference?
A wrongful arrest happens when the police take you into custody without probable cause, a valid warrant, or other required legal authority. False imprisonment goes a step further and covers any unlawful restraint of your liberty, whether it happens during an arrest or afterward.
Cases involving wrongful arrest vs. false imprisonment often overlap. False arrest focuses on the legality of the arrest, while false imprisonment involves restricting a person’s freedom of movement, including during their arrest or subsequent detention.
Malicious prosecution is a separate matter entirely. In Corrigan v. Central Tax Bureau of Pennsylvania, 828 A.2d 502, 505 (Pa. Commw. Ct. 2003), the Commonwealth Court of Pennsylvania held that to prove malicious prosecution, a person must show:
- That someone initiated legal proceedings against them
- Without probable cause
- With malice, and
- That the proceedings were terminated in favor of the plaintiff
The key difference between false imprisonment and malicious prosecution is that false imprisonment centers on unlawful physical restraint, while malicious prosecution centers on the misuse of the legal process.
Under 42 Pa. Cons. Stat. § 5524(1), you have a limited window to file a legal claim for wrongful arrest, false imprisonment, or malicious prosecution. Generally, you must file your claim within two years of being unlawfully detained or prosecuted. Otherwise, the courts could dismiss your case. However, deadlines can vary depending on the circumstances and type of claim. Consult a knowledgeable lawyer as soon as possible to confirm the deadline for your case.
How a Pennsylvania Civil Rights Attorney Can Help
If the police or government officials took illegal action against you, an experienced civil rights lawyer can review the circumstances of your arrest, gather relevant police records, and identify whether you have a potential legal claim or claims. Your lawyer can also investigate and obtain evidence showing whether officers had probable cause, whether your detention violated your constitutional rights, and whether those actions led to charges brought against you. From there, your attorney can build a case to hold the responsible parties accountable and pursue fair compensation for everything you experienced.
Why Choose Our Philadelphia Civil Rights Attorney?
Philadelphia criminal defense attorney Brian Zeiger is an experienced advocate who challenges state and federal prosecutors and works tirelessly to protect his clients’ rights. He scrutinizes the evidence, challenges civil rights violations, and holds law enforcement accountable when officers or prosecutors overstep their legal authority, all in pursuit of the best possible outcome for each client.
If police or prosecutors violated your rights, you deserve accountability. Contact The Zeiger Firm today for a free consultation.
