Wrongful Arrest Lawyer In Atlanta

How Legal Representation Can Help After a

Wrongful Arrest

Most people who are wrongfully arrested do not know what to do next. They may be told the charges will be dropped and that nothing more needs to happen. That is rarely the whole story.

A wrongful arrest does not just end when you walk out of a holding cell. The arrest record can show up on background checks. Employers and landlords may see it. The emotional and financial damage can last long after the charges are gone. And if the officer who arrested you acted without probable cause, you may have a civil rights claim that needs to be filed before the deadline under O.C.G.A. § 9-3-33 runs out. 

Farnsworth & Murphy, LLC handles wrongful arrest cases, false imprisonment claims, malicious prosecution, and related police misconduct matters across Georgia. Daniel Farnsworth draws on his background as a former Fulton County prosecutor to evaluate exactly where the arrest went wrong and what it takes to challenge it. We review the police report, request body cam footage, gather witness statements, and build the strongest possible case on your behalf.

Understanding Wrongful Arrest In Georgia

Wrongful arrest, also known as false arrest or unlawful arrest, happens when someone is held without valid legal reason. In Georgia and under federal law, this is a breach of your Fourth Amendment rights, which protect against unreasonable seizures. For an arrest to be lawful, there must be probable cause, meaning enough evidence to believe a crime has occurred. An arrest without a warrant and lacking probable cause can be contested as wrongful.

Common reasons for wrongful arrests include mistaken identity, not enough evidence, or police misconduct. These situations can cause significant emotional and financial damage to those wrongly accused, such as harm to reputation, loss of income, and distress.

False Arrest vs. False Imprisonment

These two terms describe related but different violations. False arrest is about how the detention starts — being taken into custody without legal justification. False imprisonment is about the detention itself — being held or restrained against your will, even without a formal arrest. False imprisonment can involve private actors such as store security guards, not just law enforcement.
Both are actionable under civil rights law, and both can be pursued in the U.S. District Court for the Northern District of Georgia, which covers the Atlanta area, or in Georgia’s state courts, depending on the claims involved. Our attorneys can advise you on which court and which claims apply to your situation.  

Malicious Prosecution

Malicious prosecution happens when someone is wrongfully charged and prosecuted without probable cause, often with improper motives. It goes beyond the arrest and into how charges are filed and pursued. To succeed on a malicious prosecution claim, you generally must show that the legal action was started without probable cause, that it was brought with malice or an improper purpose, that it was resolved in your favor, and that you suffered real damages.

Federal claims of this kind are typically brought under 42 U.S.C. § 1983, which allows individuals to sue government officials for constitutional violations.

Your Rights During an Arrest

You have the right to remain silent under the Fifth Amendment. You have the right to be free from unreasonable searches and seizures under the Fourth Amendment. If you are detained, calmly state that you are exercising those rights and do not answer questions without an attorney present. The arresting officer must have legal justification. Without it, the arrest may qualify as false imprisonment under Georgia law.

Filing a Complaint

If you believe you were wrongfully arrested, document everything right away. Write down what happened, preserve any videos or photographs, and collect contact information from witnesses. Then speak with an attorney before taking any other steps.

In Atlanta, residents can file a complaint with the Atlanta Citizen Review Board (ACRB), an independent civilian oversight body that investigates misconduct allegations against Atlanta Police Department and Atlanta Department of Corrections officers. Filing a complaint with the ACRB does not replace a civil lawsuit, but it can create an official record of the incident.

Compensation For Wrongful Arrest

If you were wrongfully arrested, you may be entitled to compensation for emotional distress, lost wages, and pain and suffering. The process typically involves a civil lawsuit where a court examines the extent of the misconduct and its impact on your life. An attorney can help determine the value of your claim.

Frequently Asked Questions

1. What qualifies as a wrongful arrest in Georgia?

A wrongful arrest occurs when law enforcement arrests someone without probable cause, without a valid warrant when one is required, or in violation of Fourth Amendment protections. If the officer lacked reasonable grounds to believe a crime was committed or that you committed it, the arrest may be unlawful.

2. Can I file a false arrest civil rights claim in Georgia?

Yes. If a government officer arrested you without probable cause, you may have a civil rights claim under 42 U.S.C. § 1983 in federal court or a state tort claim for false arrest or false imprisonment in Georgia’s Superior Court.

3. Who can bring a wrongful arrest claim?

Any person arrested and detained without legal justification, regardless of whether charges were later dropped, may file a civil claim. Damages can include compensation for emotional distress, lost wages, and reputational harm.

4. How long do I have to file a wrongful arrest lawsuit in Georgia?

In Georgia, civil rights injury claims under 42 U.S.C. § 1983 follow the state’s two-year personal injury statute of limitations under O.C.G.A. § 9-3-33. That clock generally starts on the date of the arrest. Missing this deadline will likely bar your claim.

5. What are the risks of pursuing a wrongful arrest claim?

You must prove the arrest was unlawful, which requires evidence. Officers may assert qualified immunity, which can shield them from personal liability even if the arrest was improper. An attorney can assess whether your case is strong enough to overcome those defenses before you commit to litigation.