Can I Recover Damages for a Wrongful Arrest on a Ticket I Already Paid?
Full Question:
Answer:
Wrongful arrest is defined as the arrest of a person when there is no legal authority to do so. This may include arrest without proof, improper arrest procedures (such as failure on the officer's part to inform the suspect of their Miranda Rights) or arrest without just cause. If a wrongful arrest is found to have occured, it may be the basis for a civil suit award for mental distress, etc. if the wrongful arrest is found to have been the result of an intentional or willful act, criminal penalties apply.
Please see the following GA statutes:
16-5-41. (a) A person commits the offense of false imprisonment when,
in. . . .
(a) A person commits the offense of false imprisonment when, in
violation of the personal liberty of another, he arrests, confines, or
detains such person without legal authority.
(b) A person convicted of the offense of false imprisonment shall be
punished by imprisonment for not less than one nor more than ten years.
(c) Any person convicted under this Code section wherein the victim is
not the child of the defendant and the victim is less than 14 years of
age shall, in addition, be subject to the sentencing and punishment
provisions of Code Section 17-10-6.2.
16-5-42. When the arrest, confinement, or detention of a person by
warrant, . . . .
When the arrest, confinement, or detention of a person by warrant,
mandate, or process is manifestly illegal and shows malice and
oppression, an officer issuing or knowingly and maliciously executing the
same shall, upon conviction thereof, be removed from office and punished
by imprisonment for not less than one nor more than ten years.
