Blog

April 9, 2025

False Arrest California: Your Legal Rights and Options

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

A false arrest in California can turn your life upside down. When law enforcement wrongfully detains you without cause, it’s not just an inconvenience—it’s a violation of your civil rights. From lost wages to emotional trauma, the consequences can be devastating. You deserve justice, and at Pointer & Buelna, LLP—Lawyers For The People—we make sure those responsible are held accountable. Our team works hard to hold law enforcement accountable, protect your rights, and make sure your voice is heard.

What Is Considered a False Arrest in California?

False arrest occurs when law enforcement detains or restrains an individual without proper legal justification. This may happen if an officer lacks probable cause, apprehends the wrong person, or exceeds their authority. Common scenarios include arrests based on fabricated evidence, false witness statements, or failing to secure a valid warrant. In some cases, racial profiling or discrimination leads to wrongful detainment.

Police misconduct, such as intimidation or coercion, can also result in unlawful arrests. Victims of false arrest have the right to challenge their detention and pursue compensation for the harm they have endured.

False Arrest in California—When Is an Arrest Unlawful?

Under California law, an arrest is considered unlawful if it is made without probable cause or a valid arrest warrant. California Penal Code Section 236 defines false imprisonment as the unlawful violation of the personal liberty of another.

Several factors determine the legality of an arrest:

• Lack of Probable Cause: Officers must have reasonable suspicion supported by facts before making an arrest.
• Violation of Constitutional Rights: Arrests based on racial profiling, fabricated evidence, or illegal searches violate the Fourth Amendment.
• Failure to Read Miranda Rights: If an officer fails to inform you of your rights, the arrest may be legally challenged.

If any of these factors apply to your case, you may have grounds to challenge the arrest and seek justice.

Your Rights If You Were Falsely Arrested

If you’ve been falsely arrested in California, it’s important to know that you have legal and constitutional protections to fight back and seek justice. Under federal law, an arrest must be based on probable cause, meaning there must be a reasonable belief that a crime has been committed. Arresting someone without proper justification violates their civil rights, as outlined in the Fourth Amendment, which protects against “unreasonable searches and seizures.”

If you’ve been wrongfully arrested in California, take immediate action to protect your rights and fight back. Here’s what you must do:

• Stay Silent: Only share your name with law enforcement. Wait to speak until you’ve consulted an attorney. 
• Request an Attorney: A lawyer can protect your rights and guide you through the process. 
• Document the Incident: Note key details like officer names, location, time, and witnesses. 
• Don’t Resist: Resisting, even if the arrest is illegal, can lead to more charges. 

You can challenge a false arrest and hold those responsible accountable.

Legal Remedies for Victims of False Arrest in California

Victims of wrongful arrests have several legal options to seek justice, including:

Filing a Civil Rights Lawsuit 

Under 42 U.S.C. Section 1983, individuals can sue law enforcement agencies for violating their constitutional rights.

Seeking Compensation for Damages 

Victims may be entitled to damages for lost wages, emotional distress, legal fees, and other related losses.

Expungement of Records 

If your arrest did not lead to a conviction, you may be able to have the record sealed or expunged to prevent future harm to your reputation.

Filing a Complaint Against Law Enforcement 

If police misconduct played a role in your arrest, you may be able to file an internal complaint with the relevant department or oversight agency.

How a Wrongful Conviction Attorney Can Help

A wrongful conviction attorney can distinguish between justice and continued legal hardship. Our firm specializes in protecting victims of false arrests and wrongful convictions. Our legal team investigates your case thoroughly, gathering evidence to challenge the unlawful arrest and advocating aggressively on your behalf. 

We provide: 

• Expert legal representation to fight for your rights in court 
• Thorough case investigations to expose police misconduct 
• Negotiation and litigation strategies to seek compensation for damages 
• A dedicated legal team committed to fighting for justice

Fight Back Against False Arrest—Contact Us Today

A false arrest in California isn’t just unfair—it’s a violation of your rights. You don’t have to fight this alone. At Pointer & Buelna, LLP, we stand with the wrongfully accused, taking on law enforcement and demanding real justice for our clients. If you or someone you know has been falsely arrested, call us at (510) 929-5400 for a free consultation. Let us fight for your rights and help you move forward.