The Dyller Law Firm represents clients who were wrongfully arrested. There are variations in the technical terms for these cases, but they are frequently called false arrest, malicious prosecution or wrongful arrest. There is also a special kind of wrongful arrest case which is called retaliatory prosecution.
A false arrest claim is where the police (or occasionally someone other than the police) physically detains a person without probable cause or another legally justifiable reason. This can also be called false imprisonment. If you are not permitted to leave, you have been arrested – even if the police never charge you with a crime. You may have a case based on this detention.
Once the police charge you with a crime, a prosecution has started. If that prosecution was started or continued without probable cause (without a reason to truly believe you committed the crime) and if it appears that you were arrested for an improper purpose, then you have been maliciously prosecuted. In order to have a valid civil claim for malicious prosecution, you first have to prevail (win) in the underlying criminal case. Not every failed criminal prosecution results in a malicious prosecution – but the Dyller Law Firm will evaluate your case and determine if you were maliciously prosecuted. If you were subject to malicious prosecution, the Dyller Law Firm will vigorously fight for you to get you the compensation you deserve.
Retaliatory prosecution is when a person is arrested or charged with a crime or with a summary offense because the person exercised his or her rights. Usually this means that a person was charged with a crime for exercising a constitutional right. For example, the Dyller Law Firm has represented many individuals who had been arrested for exercising First Amendment free speech rights, such as the right to criticize the police or other government officials, the right to protest, the right speak to the press. The Dyller Law Firm has represented many individuals who were arrested for cursing or using language that may have offended someone. While we do not advocate offensive language, we protect those people who exercise their free speech rights, regardless of whether the client could have spoken more eloquently or less offensively. Free speech means just that – free speech.
We bring these cases in federal court, but on behalf of our clients the Dyller Law Firm asserts both federal constitutional claims and state law claims. If you think you or someone you know may have been subject to false arrest, malicious prosecution, retaliatory prosecution, or some other type of wrongful arrest, contact the Dyller Law Firm.
One final note – we work with your criminal counsel to assure that everything goes smoothly in the underlying criminal case, so that you do not lose a potential wrongful prosecution case. Criminal counsel are an important part of our referral network, and we always respect them and the job they do for you.