Am i entitled to compensation if i was wrongfully arrested

I was arrested on 2nd degree murder
charges….was detained over 8 months
then case was dismissed but i proved m
innocents…..i lost job my home.

Asked on June 30, 2017 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact that the case was dismissed, or even that you "proved your innocence," does NOT mean that the arrest was wrongful. People may be lawfully arrested if, at the time they are arrested, there was "probable cause" to arrest--basically, it looked like, based on what was then known, that it was more likely than not that a crime was committed. But as the case develops, it may turn out that it should be dismissed, or the defendant may successfully defend him/herself in court--after all, not everyone arrested is convicted. The law does not provide compensation for an arrest that does not lead to conviction so long as the arrest was not made for improper reasons. If--and only if--you can show that the arrest was made for malicious or unlawful reasons (e.g. a police officer arrested you because you and he have a personal dispute or bad blood between you) would you have a viable case for compensation for a wrongful arrest. If the arrest was made in good faith, there is no compensation for it.

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