Criminal Defense Lawyer & Former Nashville Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Being arrested when you believe police had no legal basis to take you into custody can be frightening and disruptive. A wrongful or false arrest can lead to jail, bond conditions, missed work, damage to your reputation, and a criminal case that must be addressed immediately. But an arrest that is ultimately followed by dismissal is not automatically unlawful. The central question is usually whether law enforcement had lawful authority and probable cause at the time of the arrest.
Kevin Kennedy is a Nashville criminal defense lawyer and former prosecutor. He can investigate the circumstances of an arrest, review the probable-cause theory, obtain police and video evidence, challenge unconstitutional police conduct when it affects the criminal prosecution, and defend the charges that followed the arrest.
Are Wrongful Arrest and False Arrest the Same Thing?
The terms are often used interchangeably in ordinary conversation, but they are not always identical legal concepts. “Wrongful arrest” is a broad phrase people use when they believe an arrest should not have happened. “False arrest” is commonly used to describe an arrest or detention made without lawful authority and may also refer to a potential civil claim.
For someone facing a pending criminal charge, the immediate defense questions are usually the same: What did officers know? Did they have probable cause? Was there a valid warrant? Did they arrest the correct person? Did an unlawful stop or search lead to the arrest? And did police rely on false, incomplete, or unreliable information?
What Is Probable Cause for an Arrest?
Police generally need probable cause to make an arrest. Probable cause is different from proof beyond a reasonable doubt. The fact that a case is later dismissed, reduced, or ends in an acquittal does not by itself establish that the arrest was unlawful. The arrest must be evaluated based on the facts and circumstances known to officers when they acted.
A defense lawyer can compare what officers claimed to know with body-camera footage, witness statements, dispatch information, surveillance video, warrant affidavits, and other records to determine whether the stated basis for the arrest holds up.
Common Wrongful or False Arrest Issues
- Mistaken identity or arresting the wrong person.
- An arrest without sufficient probable cause.
- An arrest based on materially false or misleading information.
- A warrant that applies to someone else or contains incorrect identifying information.
- Reliance on an accusation that is contradicted by available evidence.
- An arrest following an allegedly unlawful traffic stop, detention, search, or seizure.
- Police reports that materially differ from body-camera or surveillance footage.
What If Police Arrested the Wrong Person?
Mistaken-identity arrests can result from similar names, incorrect database entries, inaccurate witness identification, old warrant information, or incorrect identifying details. If you were arrested for another person's conduct or warrant, documents showing your identity, location, appearance, or other distinguishing information can become important evidence.
The defense can investigate how the identification was made, obtain the relevant warrant and booking records, compare photographs or identifying information, and determine whether the prosecution has evidence connecting you to the alleged offense.
What If Police Had an Arrest Warrant?
A warrant does not necessarily eliminate every challenge. A lawyer can review whether the warrant actually applied to the person arrested, what information was presented to obtain it, and whether materially false or misleading information affected the probable-cause determination. The defense can also examine what police did while executing the warrant and whether additional searches or seizures were lawful.
Can Body-Camera or Surveillance Video Prove the Arrest Was Wrong?
Video evidence can be extremely important. Body-worn camera footage, dash-camera footage, private surveillance video, 911 calls, dispatch records, and officer communications may show what officers were told, what they actually observed, whether witnesses changed their accounts, and whether the written report accurately describes the encounter.
Because some video and digital records may not be preserved indefinitely, identifying important evidence early can matter.
Can a Wrongful or False Arrest Get My Charges Dismissed?
Not automatically. An unlawful arrest and the validity of the criminal charge are related but separate questions. Depending on the circumstances, unconstitutional police conduct may support a motion to suppress evidence or another challenge. But the State may sometimes have evidence that is independent of the arrest itself.
A strong defense examines both issues: whether police violated the law and whether the prosecution can still prove every element of the charge with admissible evidence.
What About a Civil False-Arrest Lawsuit?
A possible civil claim for damages is separate from the defense of a criminal case. Civil claims may involve different legal standards, defendants, immunities, procedures, and deadlines. Someone considering a civil-rights, false-arrest, false-imprisonment, or similar damages claim should promptly consult a lawyer who handles that type of civil litigation.
Kevin Kennedy Law Firm focuses on criminal defense. In a pending criminal case, the priority is protecting the accused, preserving evidence, challenging unlawful police conduct when it affects the prosecution, and defending the charge.
What Should I Do If I Believe I Was Falsely Arrested?
- Save booking paperwork, warrants, citations, bond paperwork, and property receipts.
- Preserve texts, photographs, videos, receipts, location records, and other evidence.
- Write down what happened while the details are still fresh.
- Identify witnesses and businesses or locations that may have surveillance footage.
- Do not violate any bond condition, no-contact order, or court order.
- Avoid posting detailed accusations or case facts on social media.
- Speak with a criminal defense lawyer before making decisions that could affect the pending case.
How a Nashville Wrongful and False Arrest Lawyer Can Help
A defense investigation may include reviewing arrest reports, affidavits of complaint, warrants, body-camera footage, dispatch records, witness statements, surveillance video, search records, and other evidence. The defense can evaluate probable cause, identify inconsistencies, determine whether evidence should be challenged, and use weaknesses in the arrest or investigation in negotiations or court proceedings.
As a former Nashville prosecutor, Kevin Kennedy understands how prosecutors evaluate police reports, probable cause, witness credibility, suppression issues, and whether the evidence is strong enough to continue a criminal prosecution.
Talk With a Nashville Wrongful Arrest & False Arrest Lawyer
If you were arrested in Nashville and believe police arrested the wrong person, lacked probable cause, relied on false information, or otherwise acted unlawfully, Kevin Kennedy can review what happened and determine how the arrest affects the criminal case.
Call or text Kevin Kennedy Law Firm at 615-205-7311 for a free consultation with a Nashville wrongful arrest and false arrest lawyer.