False imprisonment can be a misleading term, as it often has little to do with prison or jail time. In actuality, it refers to any instance in which a person is held against their will by another party, which itself can consist of any other individual(s), including law enforcement officers.
If you have been falsely imprisoned, you may be entitled to compensation, and the civil rights attorneys at Hale & Monico may be able to help. We fight tirelessly to advocate for our clients’ best interests, so contact us today for a free consultation.
What Is False Imprisonment?
As mentioned, false imprisonment occurs any time an individual is held against their will and without their consent for any period of time. In the United States, individuals cannot be held against their will without probable cause.
With regard to law enforcement, an individual is usually falsely imprisoned due to one of the following circumstances:
- False arrests
- Witness coercion
- False charges
- Intimidation or assault
False imprisonment can result in undue time spent in jail or any other form of confinement, which can take a serious toll, both physically and psychologically, on the victim. In addition, false imprisonment can heavily impact an individual’s reputation, making it difficult to re-obtain employment.
Should it happen to you, it is important to speak with a qualified civil rights attorney to figure out what your options are. You may have more recourse than you think.
Individuals Responsible for False Imprisonment
When false imprisonment occurs, it is usually perpetrated by law enforcement and individuals acting in a similar capacity, such as private security guards, but other times, it can occur due to domestic arguments or fights among friends. As such, false imprisonment is an offense that can occur in almost any location or vicinity.
Probable Cause
When a law enforcement officer is accused of false imprisonment, one of their most common defenses is the existence of probable cause. By arguing that they had reasonable suspicion that a crime was being committed, some individuals are able to sidestep false imprisonment accusations, which is why hiring a qualified civil rights attorney is crucial.
Components of False Imprisonment
False imprisonment comprises three key components: dubiously asserted authority, imposed physical barriers, and threats or use of physical force against the victim, their family, or their property.
Dubiously Asserted Authority
Dubiously asserted authority can apply to actual law enforcement officers as well as someone wrongly posing as a law enforcement officer.
In the case of the former, dubiously asserted authority applies when an officer exerts a form of control that they do not genuinely have in a given situation. For example, when an officer says you are under arrest and detains you without actually having the authority to place you under arrest, they are dubiously asserting their authority.
Imposed Physical Barriers
Imposed physical barriers involve the imposition of any structure that prevents them from leaving the confines of an enclosed space, including blocking someone from an exit or locking them in a room.
Threats and Use of Physical Force
False imprisonment also occurs when another individual uses threats — or actual physical force — to keep someone from leaving a particular space. The threats or use of force can be made against the victim themselves, their friends and family, or their property.
Essential Factors
There are several factors that contribute to false imprisonment, such as:
- Intentional confinement on the part of the perpetrator
- Non-consensual confinement of a victim
- Knowledge of imprisonment on the part of the victim
- The imprisoned has no means of escape
Unfortunately, some of these factors can be difficult to determine until after the situation is resolved. After all, there is a lot of stress and adrenaline involved in these kinds of situations, to the extent that some victims may not immediately realize they have been falsely imprisoned. As such, it may be in your best interests to consult with an attorney as soon as possible.
Related Charges
False imprisonment is often charged alongside other serious infractions, such as kidnapping and domestic violence. These charges become even more complex when family and loved ones are involved, so having the services of a qualified attorney can make all the difference.
If You’ve Been Falsely Imprisoned, Contact Hale & Monico Today
False imprisonment is not something that should be taken likely, especially as it can serve as a warning sign for severe escalations later on. If you have been falsely imprisoned, contact Hale & Monico today. Our civil rights and personal injury attorneys have spent decades advocating on behalf of victims who have been falsely imprisoned.
Regardless of whether you were imprisoned by a friend, relative, or law enforcement officer, you may be able to recover damages for your hardship and suffering. Hale & Monico do not take this kind of litigation lightly, and we will diligently gather evidence for a vigorous defense. Contact us today for a free consultation, and let us know how we can help.