When you are falsely charged with an offense you feel wronged, humiliated, and wonder who you can turn to in an effort to make the situation right. The threat of incarceration, potential loss of employment, and necessity of hiring a qualified defense attorney are concerns the wrongfully arrested face. I've seen many clients falsely charged with serious offenses. From police officers and security guards to white collar professionals. Anyone may be targeted for malicious prosecution by the police. The reasons false charges are filed against persons vary. I've actually seen clients falsely charged to cover up wrongdoing by the police. I've seen people falsely charged purely out of vengeance. Whatever the reason for it, when it happens you need to quickly seek legal help.
The longer you wait the higher the chance valuable evidence will be destroyed or lost. Many times, dash cams and other types of security cams record some of the events. These types of evidence will not remain in tact should you wait more than a few days to act. In some cases videographic evidence is destroyed after 4 days.
I have won trials and settlements of malicious prosecution and false arrest cases. Legally, a client may pursue a lawsuit against the police when they have been arrested without probable cause. A malicious prosecution lawsuit is appropriate where the police arrest someone with malice or an "evil intent". Proving malice is almost never done directly. That issue is proven indirectly through various types of evidence. Damages can be sought to compensate the victims of these claims such as lost wages, emotional distress, and medical bills. Suits against the individual officer can seek punitive damages.
Recent Successes
Rose v. City of Madison - My client, an armed security guard was arrested by a local policeman after he witnessed fellow officers wrongfully beat another man at a truck stop. My client was charged with various felonies by the officer in an attempt to quiet him. We beat the felonies and then sued the police. He won $120,000 during a jury trial.
AK v. Local Police - My client was beaten by the police and wrongfully charged. We beat the charges and then we successfully sued the police.
Simpkins v. Belleville - Currently ongoing in the Southern District of Illinois federal court.
Laux v. Local Police - My client was handcuffed to a jail cell bar and then tasered six times for no reason. The police officer was unhappy that my client had fled from him on a hot summer day. The City paid to settle the claim.
Galloway v. Local Police - Currently ongoing in St. Clair County Court.
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