I was recently arrested, charge that are being brought against me is, unlawful conduct while at a public event. What happened is that a couple standing near me were arrested for being involved in a confrontation, when officers came, a woman pointed me out and said "her too". I had not been involved. I was arrested for a woman saying " her too". There were no statement from this woman saying what I supposedly did. Multiple people had told police that I had nothing to do with it. I have never been arrested, my record is clean. I was humiliated in front of 50000 people, on false accusations. I want to know if I have any type of case here.
Yes, I would thing you would have a very strong case. You need to contact a WI civil rights attorney who handles these type of false arrest cases.
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While the charges are pending, you probably can't. Even if you beat the charges, a probable cause finding will serve to defeat any false arrest claim, and police also have qualified immunity from suit. That leaves your accuser. If you can establish that her statement was knowingly false, and not just a mistake, you may have a legally viable claim against her. Whether such a claim would be economically viable, meaning worth the expense of bringing it, is another question. Focus on defeating the charges first. Good luck.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
I would suggest concentrating on addressing the criminal charges first. The one step that you can take to give you the best chance of getting the case dismissed is to obtain the services of an experienced criminal defense attorney in your area. You need to sit down immediately and write out a list of the people you knew who told police that you had noting to do with the "unlawful conduct". You will want your attorney's investigator to get statements from these people as soon as possible so that their memories are still fresh. If the allegations involve drugs, you may want to consider drug testing to prove that you did not ingest any drugs (depending upon the specific drug and how long ago this happened, blood or urine tests may not be helpful and a more expensive test using a hair sample may be the only viable option).
Once you have had the criminal case dismissed (without any deal where you enter a "guilty" or "no contest" plea to anything), then you can consult with a civil law attorney regarding false arrest and slander issues.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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