Civil Rights
False Arrest & Malicious Prosecution
Being arrested or prosecuted without a legal basis is a violation of your rights. When the case against you had no foundation, you may have a claim of your own.
What the law protects
What is false arrest?
The Constitution does not allow the government to arrest or prosecute someone without probable cause. When police detain you without a lawful basis, or when a prosecution is pushed forward on a case that never should have been brought, the law recognizes that as a wrong you can pursue under federal civil rights law.
Two related claims
What is the difference between false arrest and malicious prosecution?
False arrest
Being taken into custody without probable cause. The question is whether the officer had a lawful reason to arrest you at the moment they did, not whether they later found one.
Malicious prosecution
Being charged and put through a case that lacked probable cause and was resolved in your favor. It recognizes the harm of an unfounded prosecution, not just an unlawful arrest.
How we build the case
How do you prove there was no probable cause?
These claims turn on probable cause, what the officers knew and when. We reconstruct the truth from the record, including:
- Arrest and incident reports, and whether they hold up against the facts.
- Body-camera and surveillance video of the stop and arrest.
- Communications and records showing what the officers relied on.
- The outcome of the criminal case, including a dismissal or acquittal.
- Evidence of pressure or bad faith behind a charge that should never have been filed.
Answers
False arrest questions we hear
What is the difference between false arrest and malicious prosecution?
False arrest concerns being taken into custody without probable cause. Malicious prosecution concerns a case that was pursued without probable cause and for an improper purpose, and it generally requires that the case ended in your favour.
Can I sue if the charges against me were dropped?
Charges being dropped is not automatically a claim, but it can be an important element, particularly for malicious prosecution. What matters is whether there was probable cause at the time and what the officers actually knew.
How long do I have to bring a false arrest claim in Missouri?
Section 1983 borrows a Missouri limitation period, and separate notice requirements can apply where a public entity is involved. These windows start earlier than people expect, so it is worth asking early.
What if I was arrested on a warrant?
An arrest on a facially valid warrant is harder to challenge, but not always impossible. Where the warrant was obtained through false statements or by omitting material facts, that can itself be the claim.
Do I need to have been convicted or acquitted first?
It depends on the claim. Malicious prosecution generally requires the underlying case to have ended in your favour. False arrest can sometimes proceed on a different footing. The sequence matters and is worth advice before filing anything.
Talk to us about your case
If they had no case against you, you may have one.
If you were arrested or prosecuted without a lawful basis, reach out. You can reach us by phone or email.
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