Myrtle Beach False Imprisonment Lawyer

Myrtle Beach False Imprisonment Attorney

Being arrested and imprisoned can be a scary experience, but when you are innocent of the charges and being held against your will, the experience is not only frightening, but it may also be illegal. In Myrtle Beach, if you have been falsely imprisoned by the Myrtle Beach Police Department or are being held at a place like the North Myrtle Beach Detention Center, a Myrtle Beach false imprisonment lawyer is here to protect your rights.

Why Axelrod & Associates, P.A.?

In 2005, the firm at Axelrod & Associates, P.A. was formed by Myrtle Beach civil rights attorney Stuart M. Axelrod, Esq. Since then, Mr. Axelrod has worked to oversee all areas of practice within his firm and strives to take a dedicated, active role in each case or legal matter brought before him. As a former public defender with the Horry County Public Defender’s Office, he has honed his trial skills, aggressive advocacy, and courtroom tenacity. He is now here to fight for you.

Understanding False Imprisonment in Myrtle Beach

According to one study, between 4%-6% of individuals incarcerated in prisons around the United States are actually innocent. In the United States, while you may be charged and incarcerated even if you are innocent due to various factors, false imprisonment occurs when you are held against your will and without any kind of probable cause. In cases involving law enforcement, individuals are typically falsely imprisoned due to one or more of the following scenarios:

• Being falsely arrested
• Witness coercion
• Being falsely charged
• Suffering intimidation or assault

In most cases of false imprisonment, the situation will result in undue time spent in jail or various other kinds of confinement. These situations can take a serious toll on the victim, aside from just the physical or emotional toll.

Victims of false imprisonment can also suffer a heavy, negative impact on their personal reputation and can face difficulty when trying to seek employment following release. In fact, one study shows that nearly 60% of formerly incarcerated individuals are now jobless.

False Imprisonment

In most cases, false imprisonment will consist of three separate components. These components include:

• Imposed physical restraints or barriers: This can include any structure imposed on someone that prevents them from leaving an enclosed area, such as blocking their exit or locking them in a room.
• Dubiously asserted authority: This can occur when a police officer exerts a certain form of control that they do not legitimately have a claim to in any given situation. One example of this can include an instance where a police officer places you under arrest and detains you without having the authority to do so.
• Use of physical force or threats: False imprisonment can also occur when the police use threats or actual physical force to keep you from leaving a certain area. These threats may be made against you as the victim or against your friends, family, or property.

If you find yourself falsely imprisoned in Myrtle Beach, remember that you still have rights, no matter what the police officers might say. The most important thing you can do is remain calm, avoid resisting arrest, and ask for a lawyer as soon as you are able. Also, remember that you have the right to remain silent and do not have to answer any law enforcement questions until your attorney is present.

In a false imprisonment case, you may be entitled to seek monetary compensation for the harm and trauma you were made to suffer, and at Axelrod & Associates, P.A., we are here for you.

FAQs About Myrtle Beach, SC False Imprisonment Law

When Should I File a Claim for False Imprisonment in South Carolina?

When you are released from false imprisonment, the clock starts ticking right away. In the state of South Carolina, strict deadlines are put in place for when you can file a claim of false imprisonment. These deadlines are known as the statute of limitations, and it is crucial that you hire an attorney before your right to file a claim runs out.

What Is the Difference Between False Arrest and False Imprisonment?

Although these charges are very similar, there are differences between false arrest and false imprisonment. False arrest typically involves unlawfully detaining someone without probable cause, a court order, or a warrant. False imprisonment, on the other hand, is the intentional act of restricting someone’s movement and/or their freedom. If you are held in jail without probable cause, you may have grounds for a false imprisonment case.

What Injuries Can Be Suffered by Someone Falsely Imprisoned?

When you are falsely imprisoned by the police, there is always the chance you will suffer physical injury. In these cases, the most common injuries include broken bones, bruises, cuts and lacerations, and soft tissue damage. However, you may also suffer certain forms of emotional or psychological trauma, resulting in anxiety, depression, and even Post Traumatic Stress Disorder.

What Excuse Is Most Used by Police for False Imprisonment?

When a police officer is accused of falsely imprisoning someone, their most common fallback defense will be that of the existence of probable cause. In these cases, they will work to argue that they had a reasonable suspicion that you were the perpetrator of a crime. By arguing this point, they may be able to avoid charges, which is why it is essential that you hire an experienced false imprisonment attorney.

Hire a False Imprisonment Lawyer Serving SC Today

If you or someone you know has been falsely imprisoned by the police in Myrtle Beach, you have rights. When you hire a false imprisonment lawyer from Axelrod & Associates, P.A., we are here to protect those rights no matter what. When law enforcement takes away your freedoms without due cause, it isn’t just a simple misunderstanding: it is false imprisonment, and you deserve protection.

Contact our offices today to learn more and schedule your initial consultation with a member of our experienced legal team. We can help you explore your legal options.