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Whether you are commuting along Highway 501 in Conway or navigating busy intersections on Front Street in Historic Downtown Georgetown, you can have an unexpected encounter with law enforcement in an instant. An unjust stop and arrest may have you questioning what to do when you have been wrongfully detained by the police in South Carolina.
If you or a loved one faces this situation, you’ll need the guidance of a false imprisonment lawyer near you. They’ll be able to help you take the right steps toward reclaiming your rights.
The Basics of Wrongful Detention
There are approximately 27,454 people behind bars in state prisons, local jails, youth jails, and youth prisons in South Carolina. Sadly, this leaves an estimated 7% of children in this state with an incarcerated parent or guardian.
Detentions are wrongful if a person’s ability to move freely is deliberately restrained by law enforcement without legal justification or consent. You don’t have to be locked in a cell for the act to be unlawful. Any restraint of your will through force or the threat of force can qualify.
Unlike a formal arrest, which requires probable cause, a temporary investigative stop only requires reasonable suspicion based on specific facts. So, if an officer holds you without either of these elements, you may have a false imprisonment case on your hands.
Your Rights During Police Interactions in South Carolina
When you’re having an encounter with police, try exercising a balance of cooperation and firm boundary-setting. Remain as calm as you can, even if you believe the stop is unlawful, and don’t resort to physical resistance, as this can lead to additional charges. Considering approximately 73% of police violence incidents involve force used during an arrest or detention, avoiding resistance is a safe option.
Also, the Fourth and Fifth Amendments give you the right to remain silent and the right to refuse a search of your person, vehicle, or home without a warrant.
Clearly state that you don’t consent to the search and that you are exercising your right to remain silent. Don’t confront the officer. Just try to get their name and badge number, if you can, and record the time of the incident. This information can be crucial for the South Carolina false imprisonment attorney who takes on your case.
Hire a False Imprisonment Lawyer
When your civil rights are violated, the path to making law enforcement admit their wrongs can be complex. After all, the struggle for accountability is ongoing in South Carolina, with the State Insurance Reserve Fund having paid out millions of dollars for claims, a significant amount of which went to cases about false arrest and civil rights violations.
If you want to accuse law enforcement of doing wrong by you and successfully demonstrate the truth that they did, you need to hire a false imprisonment lawyer. The right lawyer for such a case would be one who understands the nuances of the South Carolina Tort Claims Act and federal Section 1983 claims.
By seeking professional legal counsel, you ensure that evidence, such as body camera footage, is preserved and that your claim is filed within the strict statutes of limitation.
Choose Axelrod & Associates, P.A.
Our firm is dedicated to defending the residents of South Carolina against injustice. We believe that every citizen deserves a tireless advocate when their constitutional rights are ignored.
As a former public defender in the Horry County Public Defender’s Office and as an experienced South Carolina false imprisonment attorney leading his own firm, Stuart M. Axelrod, Esq., has spent years holding departments accountable for the actions of their officers.
We understand the mental trauma and reputational damage that follow a wrongful stop and detainment. When you face the power of the state, you shouldn’t do it alone. We are here to provide the thorough legal representation required to win a difficult civil rights challenge.
FAQs
Do You Have a Case if You Are Falsely Imprisoned in South Carolina?
You may have a case if you are falsely imprisoned in South Carolina if you can prove that an officer intentionally restrained you without your consent and without legal justification, like probable cause. If the officer acted outside the scope of their duties or violated clearly established constitutional law, the qualified immunity defense can be overcome, allowing your case to proceed to trial or a settlement.
What Should You Do if You Have Been Unlawfully Detained in South Carolina?
If you have been unlawfully detained in South Carolina, you should avoid saying or doing anything, like physically resisting, that could cause trouble. Record your experience if you can, and once you’ve been let go, document every detail of the encounter, including officer names and witness contact information. Contact a lawyer as soon as you can to discuss filing a formal complaint or a civil claim to protect your rights.
Can You File a Claim Against a Police Department for Wrongful Detainment in South Carolina?
Yes, you can file a civil claim against a police department for wrongful detainment in South Carolina under the South Carolina Tort Claims Act, and argue that the police are liable for detaining you with no justification. These cases involve complex immunity defenses, so having an attorney navigate the pre-suit notice requirements and evidence standards can increase your chances for success.
Can You Get Compensation for Unlawful Detention in South Carolina?
You can get compensation for unlawful detention in South Carolina. Damages may include loss of liberty, which compensates for the time you were wrongfully held. You can also be compensated for lost wages, medical expenses for physical injuries, and pain and suffering for emotional distress. In cases of extreme misconduct, a court may also award punitive damages.
Fight False Imprisonment with Axelrod & Associates, P.A.
A wrongful detention is inconvenient and goes against your dignity, which you have a right to. If you’ve faced criminal treatment without cause, reach out to our office to discuss your civil rights and schedule a consultation that begins the path to justice.
