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In South Carolina, when charges are dropped in a criminal case, it often signals a triumph for the defense. Often, charges are dropped because there is insufficient evidence to prove guilt beyond a reasonable doubt. These circumstances often raise the question: Do you have a case for wrongful arrest in Horry County, SC if charges are dropped? The answer is more nuanced than it is straightforward, and Axelrod & Associates, P.A. can help.
Understanding Wrongful Arrest in Horry County, SC
In Horry County, wrongful arrest, also known as false arrest or unlawful arrest, occurs when an individual’s movements or freedoms are illegally restrained without probable cause or sufficient evidence. A false imprisonment claim typically involves the following four elements:
- The arrest or confinement was without your consent
- There was an intent to confine or arrest you
- You were aware of the confinement or arrest, and it was harmful to you in some way
- You were unaware of any way of escaping the confinement
The most common situations that may offer you the ability to file a wrongful arrest claim include:
- Racial discrimination or profiling. 41% of Black Americans say that they have been stopped or detained by police simply based on their race. It is illegal in Horry County and across the United States for law enforcement officers to discriminate against individuals based on certain protected characteristics, such as race. If racial profiling is at the root of why you’ve been arrested, you might have been wrongfully arrested.
- Arrest without probable cause. These situations occur when a police officer arrests a person without first establishing any basis to believe that the arrested person has committed a crime or that a crime has even occurred.
- Improper warrants. When an arrest is made based on an illegally or improperly obtained warrant, it could help prove a wrongful arrest.
Speak to an attorney to learn more about how to file a wrongful arrest claim.
Filing a Claim for Wrongful Arrest After Charges Are Dropped
In Horry County, if you have been wrongfully arrested and the charges against you have been dropped without you admitting to any kind of fault, then you may be able to seek damages against the agency that arrested you. However, keep in mind that these are very nuanced issues, and hiring an attorney is essential.
Being handcuffed and arrested by the police is humiliating, and when the arrest has no basis, the embarrassment is even worse. According to one study, wrongful arrests can have a detrimental effect on the victim’s mental health.
When you and your attorney go to file a claim after charges are dropped, you may be able to seek damages such as the reimbursement of any paid fines, as well as any pain and suffering you sustained as a result of your wrongful arrest. It is important to note, however, that every case is different, and you should only pursue such an action with a wrongful arrest attorney on your side.
In order to file your official claim, you can do so with the law enforcement agency that made the actual arrest. At Axelrod & Associates, P.A., we are here to advocate for you during this process.
About Axelrod & Associates, P.A.
With over 100 years of combined legal experience, the team at Axelrod & Associates, P.A. is here to serve you in cases of police misconduct and wrongful arrest. Since our firm was established in 2005, we have been advocating for the civil rights of men and women across Horry County. Whether you were arrested wrongfully for assault in Conway or drunk driving in Myrtle Beach, when police overstep, you suffer, and we are here to right that wrong.
FAQs About Do You Have a Case for Wrongful Arrest in Horry County, SC if Charges Were Dropped
What Evidence Should I Record at the Time of My Wrongful Arrest?
The evidence you should record at the time of your wrongful arrest can help you in the future. Details should include:
- The time and location of your initial arrest
- The names of the officers who were involved in your arrest
- How the situation happened
- What was said during the altercation that led to the arrest
- Any items that might have been taken from your personal belongings
- Any witnesses who were present
How Can a Wrongful Arrest Lawyer Help Me?
A wrongful arrest lawyer is here to assist in several ways during your case. At Axelrod & Associates, P.A., we are here to challenge all unlawful arrests, seek damages for emotional and financial harm you have sustained due to the wrongful arrest, and help you navigate the legal process with confidence and surety that you have the right team in your corner.
What Should I Do After Being Wrongfully Arrested in South Carolina?
After you have been wrongfully arrested in South Carolina, it is important to take certain steps to protect your rights. First, it is important that you remain calm and comply during the arrest. Even if your arrest is completely unfounded, it is important that you cooperate or risk further complicating issues. You then want to contact an attorney and avoid discussing your case publicly.
What Is Malicious Prosecution in SC?
In South Carolina, malicious prosecution is the act of wrongfully beginning official criminal proceedings against a person when there is no justifiable cause present. In order to prove malicious prosecution, you must be able to demonstrate that a criminal or civil case was filed against you, the defendant instigated the original case’s filing, the case concluded in your favor, and the claim was pursued with malice and without probable cause.
Hire a Wrongful Arrest Attorney Today
If you have suffered a wrongful arrest in Horry County, it is essential that you hire a wrongful arrest lawyer who can protect your rights. Filing a claim for compensation once charges are dropped is challenging and depends on various factors involved in the case. If you believe your rights have been violated, you need to speak with a defense attorney sooner rather than later. Contact the team at Axelrod & Associates, P.A., today and schedule a consultation.
