An arrest in Massachusetts can upend your life in hours. Handcuffs, booking, a night in custody, missed work and public embarrassment can happen quickly but have a long-lasting impact on your life. When the case ends in a dismissal or a not guilty finding, you may hope the damage will disappear. It rarely does. The legal system may close the criminal file, yet the personal and financial fallout can continue. In many situations, a civil claim for false arrest or unlawful seizure under the Fourth Amendment can help provide relief.
What makes an arrest “wrongful” in Massachusetts?
A wrongful arrest often comes down to probable cause. Police need facts supporting a reasonable belief that a crime occurred and that you were responsible for the crime. When that foundation is missing, the arrest may be unlawful even if the charges were later dismissed for other reasons.
Our firm evaluates cases using several core indicators. The following factors often matter most in false arrest litigation.
- Lack of probable cause based on thin or contradictory evidence
- Pretextual arrest used to search, intimidate or “teach a lesson”
- Material omissions or false statements in reports or warrant applications
- The damages suffered by the person arrested as a result of the wrongful arrest
What should I do after a false arrest?
Time matters. Civil rights and tort deadlines can be short and evidence can disappear quickly. It is important to move promptly and take action to protect your legal remedies.
Use these steps to help strengthen a potential claim.
- Write down a detailed timeline while memory is fresh
- Save paperwork, bail receipts, booking sheets, dismissal docket entries
- Identify witnesses, preserve texts, obtain video if available
- Avoid informal statements to investigators without counsel
These steps help your attorney evaluate probable cause, damages and also help counter any attempt at qualified immunity defenses.
How can Krasnoo, Klehm & Falkner LLP help?
Krasnoo, Klehm & Falkner LLP represents Massachusetts residents in police misconduct matters, including false arrest and unlawful seizure claims. We investigate the arrest basis, pursue public records, analyze body camera footage when available, develop damages evidence and seek accountability through settlement or litigation.
If you were arrested in Massachusetts and your charges were dismissed, contact Krasnoo, Klehm & Falkner LLP for a consultation.