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Civil Rights Attorney for False Imprisonment case
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Posted On :
Aug-26-2011
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Article Word Count :
552
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What you need to prove in a false imprisonment case to be successful -Tips-How to protect your rights- Civil Rights attorney
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According to the law in most states, false imprisonment entails confining a person without having legal authority to do so, or without having consent from the person in question. It constitutes a tort and common law felony and can apply to both governmental as well as private detention. False imprisonment is generally accomplished through the use of threat of force or actual force. If consent is obtained through the use of threat or coercion, then it is not considered to be a valid consent. In most cases, false imprisonment is considered to be a misdemeanor infraction, and it is also commonly the basis for a civil lawsuit where damages can be awarded. If you were a victim of false imprisonment, you may be able to sue for reparations with the assistance of a New Jersey civil rights attorney.
A few scenarios of false imprisonment might include a robber taking employees hostage at a business, a business owner detaining a customer who has not paid their bill (in some cases they may detain a person they suspect has stolen from them for a reasonable period of time), or a home robbery where the owner is tied up. An increasing number of individuals are suing law enforcement officers for unlawful arrest and detention. In this scenario it is possible for false imprisonment to occur in your home, on the street, in a police car or at a police station-anywhere a police officer controls the freedom of the individual involved. Law enforcement officials must be able to justify any detention or arrest.
There are specific laws and regulations to consider when it comes to determining what false imprisonment is and is not. For a claim of false imprisonment to prevail, the plaintiff and their New Jersey civil rights attorney must prove that a willful detention occurred, that it was without consent and also without the authority of the law. The test of liability in most cases is bases on the reasonableness of the action considering the circumstances. In some situation what is termed “police privilege” comes into play. This is where law enforcement actually has the legal right to hold or detain a person if they have probable cause to believe that a possible crime may have been committed or is about to be committed.
Under the “shopkeeper’s privilege” common law recognized in some but not all jurisdictions, the shopkeeper is legally allowed to detain a person suspected of shoplifting for a reasonable amount of time.
As you can see, laws vary per jurisdiction and these cases can often times become quite complex. A seasoned New Jersey civil rights attorney is your best bet in bringing a successful civil rights violation claim. In order to help build a solid case, immediately write down all the various facts surrounding your incident and as much detail as you can recall about the people involved that violated your civil rights, including eye witness information. Your attorney will be honest with you about the merits of your case and will teach you as much as possible about civil rights law so that you have a full understanding of the legality of what happened to you.
If you feel that you were the victim of false imprisonment, call a civil rights attorney today.
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Article Source :
http://www.articleseen.com/Article_Civil Rights Attorney for False Imprisonment case_77147.aspx
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Author Resource :
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Keywords :
false imprisonment, false arrest, Newark civil rights attorney, North Jersey civil rights attorney, Hunterdon civil rights a,
Category :
Reference and Education
:
Legal
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