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False Arrest Claim: When You Can File

Michael P. Maddux, P.A. Team
False arrest claim infographic illustrating requirement of criminal case dismissal or acquittal, with legal documents, handcuffs, and explanation of outcomes that can bar personal injury or civil rights claims.

If you believe you were falsely arrested, the outcome of your criminal case plays a critical role in whether you can pursue a false arrest claim.

When You Can File

Under both Florida and federal law, you must obtain a complete dismissal of the charges or an acquittal before a false arrest claim can move forward. Resolutions such as pleading guilty or no contest, accepting a lesser included offense, or even agreeing to a civil infraction will typically bar your claim. These outcomes suggest there was a legal basis for the arrest.

For this reason, we cannot evaluate or pursue a false arrest case unless the court has fully dismissed your criminal charges. That’s why it’s so important to carefully consider these consequences when deciding how to resolve your case.

📞 Have questions about a possible false arrest claim? Call Michael P. Maddux, PA today at (813) 253-3363 to discuss your situation and protect your rights.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

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Civil rights review fee: $1,000. Send agency, date & case outcome in your own words.

We concentrate on civil rights litigation, and careful screening is one of the most important phases of a case. To properly assess your claim, including police reports, videos, and witness interviews, we charge a $1,000 civil rights review fee, which is required before we can engage. After the review, we’ll set a strategy under a contingency or hourly agreement. Please include the police agency involved, the incident date, and the outcome of any criminal prosecution. We prefer summaries in your own words rather than AI-generated ones. Thank you for understanding.