New York Civil Rights And Criminal Defense Lawyers

What makes for a solid unlawful detainment case?

On Behalf of | Wednesday Dec 5, 2018 | False Arrest Or False Imprisonment

False imprisonment is something that violates your civil rights. Interestingly, false imprisonment happens more often than you may think.

There are a few elements of a false imprisonment claim that have to be met before you can prove it. They include:

  • Suffering from willful detainment
  • Not consenting to detainment
  • Being detained unlawfully

When you can prove that you were detained, did not consent to it and had not broken any laws, then you may have a solid case against those who violated your rights.

Does physical force have to be used in unlawful detainment cases?

While physical force might be used, it’s not necessary to use force. Locking you in a room without permission, refusing to let someone leave a property, medicating a patient without consent or being held by security for an unreasonable amount of time are all examples of unlawful detainment (or false imprisonment).

It’s not false imprisonment if you are taken into custody by police officers with probable cause. It’s also not false imprisonment if you agree to go with someone and be confined in some way. At certain times, shopkeepers may also lawfully detain individuals who have committed retail theft.

In most cases, it’s easy to tell if you’ve been legally detained or unlawfully detained. With the right help, it’s possible to assert your rights and protect your interests. You should not have to struggle with false imprisonment or confinement against your wishes. You have rights and should always be able to exercise them. No officer or store owner, medical provider or another individual should hold you against your wishes without the legal right to do so.