New Mexico False Arrest And False Imprisonment Lawyers
When police arrest or detain you without proper legal justification, they violate your fundamental constitutional rights and commit serious civil rights violations. False arrest and false imprisonment by law enforcement can happen to anyone, regardless of their background or circumstances.
At Ives & Flores, based in Albuquerque, our skilled civil rights attorneys have over 45 years of combined experience fighting false arrest and unlawful detention cases throughout New Mexico. We pursue these cases with determination and commitment, holding officers accountable when they overstep their authority and violate your rights.
What Is The Difference Between False Arrest and False Imprisonment?
False arrest occurs when police detain you without probable cause, a valid warrant or other legal authority. Law enforcement agencies must have specific legal grounds to arrest you; without these requirements, any detention would violate your Fourth Amendment rights.
False imprisonment involves unlawfully restraining your freedom of movement after the initial arrest, whether in a patrol car, jail cell or other location. Both violations can occur simultaneously. Many people fail to recognize when police violate their rights, as officers may use their authority to intimidate compliance even without legal grounds.
Understanding Your Rights During Police Encounters
To arrest or detain you, police need probable cause to believe you committed a crime, a valid arrest warrant or other lawful authority. Without these requirements, any detention becomes an illegal arrest that violates your rights.
Many people are unaware of their rights when questioned or detained by law enforcement. Officers may try to force you to cooperate with an investigation, even when they lack legal grounds. Knowing your rights helps you recognize when police misconduct occurs. Your rights include:
- You have the right to remain silent and not to answer officers’ questions.
- You can ask, “Am I free to leave?” to clarify your status.
- You can refuse consent to searches of your person, vehicle or property.
- You have the right to an attorney if arrested.
- You can remain silent until your lawyer is present.
If police arrest you, clearly state, “I invoke my right to remain silent.” You can ask for the officer’s name and badge number and request contact information for any witnesses. The bottom line is that if officers cannot provide legal justification for detaining you, continuing to hold you constitutes unlawful detention.
What Should You Do If You Are Falsely Arrested Or Imprisoned?
Remain calm and do not resist, even if you know the arrest is illegal, as this could lead to additional charges. Clearly state that you do not consent to the arrest and ask for an attorney immediately.
Document everything you remember about the incident as soon as possible, including officer badge numbers, patrol car numbers and witness information. Contact a civil rights attorney promptly to protect your legal options and pursue justice.
How Long Can Police Hold You Without Charging You With A Crime?
Authorities generally must bring you before a judge within 24 to 72 hours for an initial appearance, though timeframes vary by jurisdiction and circumstances. However, this rule assumes they had valid grounds to arrest you initially. If the original arrest lacked probable cause, any detention period constitutes false imprisonment regardless of duration.
Officers must either charge you with a crime, obtain a warrant or release you within the legally prescribed timeframe. Exceeding these limits without proper justification can strengthen your case for unlawful detention and civil rights violations.
The Impact Of False Arrest Or Imprisonment On Your Life
False arrest and false imprisonment can have lasting consequences beyond the immediate violation of your rights. These incidents can affect your employment, reputation and mental health. Even when authorities drop the charges or you are found innocent, the arrest record may still appear in background checks.
Wrongful arrest affects people from all backgrounds and communities across New Mexico. We have represented clients who were targeted due to racial profiling, mistaken identity and officer misconduct. Every case deserves aggressive advocacy and pursuit of justice.
Protect Your Rights. Contact Us Today.
If you have experienced false arrest, false imprisonment or any form of police misconduct, we are here to fight for your civil rights and pursue the compensation you deserve. Contact Ives & Flores by calling 505-364-3858 or by completing our online form to schedule a complimentary consultation with our dedicated team.