If you were arrested and held against your will by law enforcement without any cause, you may have a civil law suit for false imprisonment.  Even if you were not taken to jail, being confined unlawfully can be a frustrating and scary ordeal.

False imprisonment can be both a crime and a civil wrong doing, which could be the basis for a civil lawsuit or a criminal prosecution. Depending on the state, false imprisonment is generally defined as unlawfully restraining someone against their will, by someone without legal authority, consent or any other justification.

State criminal laws make false imprisonment illegal throughout the country. Many states have their own statutes about false imprisonment.

On top of that, the federal code also criminalizes the act. However, with these criminal laws, there is no “private right of action.” This means that an individual can’t sue someone under those laws or bring a criminal case against them. Only government prosecutors can bring criminal charges under these types of statutes. Instead, individuals can file a civil case under tort law.

In civil law, a person claiming false imprisonment typically seeks to recover damages for the interference with their freedom of movement.

Tort law is not formally classified under a statute, but instead “common law,” meaning that it is created through a series of court decisions. Therefore, it can be tricky to navigate exactly what will satisfy the requirements to win a lawsuit for false imprisonment.

Since False imprisonment laws vary from state to state, in general, a plaintiff will have to prove the following elements to prove a claim: 1) A person was confined, 2) the defendant acted in a way that caused the confinement, 3) the defendant acted willfully and intended to cause the confinement and 4) the person was aware that it was happening and/or they were harmed in some way by the defendant.

This means that if you slept through the whole ordeal and woke up with no harm done and didn’t learn until after you were free that you were ever confined, then you probably don’t have a claim.

If you or a loved one is in a bind as a result of a criminal allegation, immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their DUI charge, and some times even get them dismissed. So, it should go without saying that someone cited for a DUI should hire a qualified Seattle DUI Lawyer as soon as possible. DUI charges can cause havoc on a person’s personal and professional life. Anyone charged with a DUI in Washington State should immediately seek the assistance of a seasoned Seattle DUI Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.