Can we take action for my son's false arrest over a resolved ticket?

Full question:

My son (26) was arrested on a warrant for a ticket which was taken care of. He has the ticket stamped by the court. He has been held in jail for 3 days because he was arrested on Saturday & Monday was a holiday. He has lost 2 days of work & embarrassed beyond belief, can we do anything?

  • Category: Criminal
  • Date:
  • State: National

Answer:

A false arrest can lead to a lawsuit for damages, including emotional distress and embarrassment. Police must have probable cause to arrest someone, meaning there must be enough facts for a reasonable person to believe a crime has been committed. This standard is higher than mere suspicion, which is enough for a brief stop to investigate. If the police lacked probable cause for your son's arrest, he may have grounds for a false imprisonment claim. To succeed, he must prove: (1) willful detention; (2) without consent; and (3) without legal authority.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Colorado, a warrant can be dropped or recalled if the underlying issue has been resolved, such as paying the ticket or completing any required court appearances. You may need to file a motion in court to have the warrant recalled, and it’s advisable to consult an attorney for assistance. If the warrant is for an unpaid ticket, resolving the ticket often leads to the warrant being lifted.

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