Wrongful Arrest in California: Protecting Your Civil Rights

A wrongful arrest occurs when law enforcement officers detain or take someone into custody without legal justification. In most cases, police are required to have probable cause—a reasonable belief that a person has committed a crime—before making an arrest. Without it, the arrest is unconstitutional and can have devastating consequences for the person involved.

Wrongful arrests are not just mistakes. They are violations of fundamental civil rights that can leave a lasting impact on victims. Even if charges are later dismissed, the harm to a person’s reputation, emotional well-being, and livelihood can be significant.

In California, victims of wrongful arrest have the right to challenge unlawful police actions and pursue compensation.

Common Causes of Wrongful Arrests

While every case is unique, there are common patterns and causes behind wrongful arrests:

• Mistaken Identity – One of the most frequent causes. Faulty eyewitness testimony, poor photo lineups, or reliance on unreliable sources can lead to innocent people being arrested.
• Lack of Probable Cause – Arrests made without solid evidence or legal grounds are unconstitutional. Simply being in the wrong place at the wrong time should not result in an arrest.
• False or Fabricated Evidence – Sadly, some arrests are based on falsified police reports, coerced confessions, or even planted evidence.
• Bias and Discrimination – Studies and real-world cases have shown that racial profiling and discrimination contribute to disproportionate arrests of minorities.
• Retaliation or Abuse of Power – Police officers sometimes misuse their authority to target people for exercising their rights, such as protesting, filming police conduct, or speaking out against injustice.

Each of these scenarios reflects not only a personal harm to the victim but also a systemic failure in protecting constitutional rights.

Legal Protections Against Wrongful Arrest

Several state and federal laws protect individuals in California from unlawful arrest:

• Fourth Amendment of the U.S. Constitution – Guarantees the right to be free from unreasonable searches and seizures, including arrests without probable cause.
• California Constitution – Reinforces these protections at the state level.
• 42 U.S.C. §1983 – Federal statute that allows individuals to sue government officials, including police officers, who violate constitutional rights.
• California’s Bane Act (Civil Code §52.1) – Provides remedies for victims whose rights are violated through threats, intimidation, or coercion by law enforcement.

These laws exist to ensure that individuals are not stripped of their liberty without justification. When officers cross the line, the law gives victims a path to accountability.

The Consequences of Being Wrongfully Arrested

Wrongful arrest does not end with being released from custody. The consequences often extend far beyond the initial event:

• Reputation Damage – Even if charges are dropped, the arrest record can affect employment, housing opportunities, and personal relationships.
• Emotional and Psychological Harm – Victims often experience anxiety, depression, PTSD, and lasting trauma.
• Financial Losses – Costs may include attorney’s fees, bail expenses, and lost wages due to missed work.
• Strained Family and Community Relationships – An arrest can damage trust and create stigma that lingers long after the case ends.
• Criminal Record – In some cases, records of wrongful arrests remain, requiring further legal action for expungement or sealing.

For these reasons, wrongful arrest cases are not only about personal justice—they are about restoring dignity and holding law enforcement accountable.

Steps to Take If You Have Been Wrongfully Arrested

If you believe you were unlawfully arrested in California, taking immediate action is essential. Here are key steps:

1. Stay Calm and Avoid Resistance – Resisting arrest can make the situation worse, even if the arrest is unlawful.
2. Document Everything – Write down officer names, badge numbers, patrol car numbers, and details of the incident. If possible, obtain witness contact information.
3. Seek Medical Attention – If you were injured, get medical treatment right away and keep all records.
4. Do Not Speak Without an Attorney – Anything you say can be used against you. Politely assert your right to remain silent until you have legal counsel.
5. Contact an Experienced Civil Rights Lawyer – A skilled attorney can review your case, preserve evidence, and guide you through the process of seeking justice.

How a Civil Rights Lawyer Can Help

Pursuing justice after a wrongful arrest requires more than filing a complaint—it requires an attorney with experience, resources, and trial skills. A lawyer can:

• Investigate the Arrest – Review police reports, body-worn camera footage, and witness statements.
• File Claims in State or Federal Court – Depending on the facts, your case may involve both state and federal law.
• Negotiate with Government Entities – Skilled attorneys often secure settlements before trial, but they must also be ready to fight in court.
• Pursue Compensation – Victims may recover damages for emotional distress, lost wages, reputational harm, and in some cases punitive damages.

Having a strong advocate ensures that your case is not just heard but taken seriously.

Why Clients Trust Christian Contreras

Christian Contreras has earned a reputation as one of California’s leading civil rights trial lawyers. His firm, the Law Offices of Christian Contreras, PLC, has been recognized as a Top Boutique Law Firm in California by the Daily Journal for its work in civil rights and wrongful death cases.

Beyond the courtroom, Christian serves on multiple nonprofit boards and advocates for justice in his community. Clients turn to him not only for his legal expertise but also for his compassion and commitment to fighting systemic injustice.

Standing Up for Your Rights

Wrongful arrests are not minor mistakes—they are violations of freedom and dignity. Taking legal action not only compensates victims but also helps bring accountability to law enforcement practices across California. Every case has the potential to create change, ensuring that similar violations do not happen to others.

If you or someone you love has been wrongfully arrested, you have the right to fight back.

Contact the Law Offices of Christian Contreras, PLC today to schedule a confidential consultation. Our firm is dedicated to protecting your rights, restoring your reputation, and holding law enforcement accountable.