Myrtle Beach Wrongful Arrest Lawyer

Myrtle Beach Wrongful Arrest Attorney

Law enforcement officers are permitted to arrest a person when there are reasonable grounds to believe the person committed a crime. However, when an officer acts without proper justification or fails to follow proper procedures, their actions may constitute a wrongful arrest, also called a false arrest. A Myrtle Beach wrongful arrest lawyer can help.

Being arrested illegally not only robs an individual of their freedom but can also cause serious long-term damage to a person’s reputation, career, and other areas of life, as well as emotional and mental distress.

If you have been in such a situation in Myrtle Beach, a wrongful arrest lawyer at Axelrod & Associates, P.A. can help you fight back. We have more than 100 years of combined experience providing excellence in legal representation to people in and around Myrtle Beach.

Wrongful Arrest Laws

The US Constitution protects all individuals against unreasonable search and seizure. This means law enforcement officers must have a reasonable belief that a person is involved in a criminal act and arrest the individual. When an officer violates this protection, the person arrested may be able to file a civil rights claim for false arrest. In addition, South Carolina law prohibits the unlawful restraint of a person without proper legal justification.

There are many situations that may provide grounds for a wrongful arrest claim in South Carolina. Some of the most common include:

• Arrest without probable cause. This means an officer arrests an individual without first establishing a sufficient belief that a crime was committed and that the individual was involved.
• Improper warrants. This means the arrest was made based on an improperly obtained warrant, such as one obtained with false information.
• Racial profiling or other discrimination. It is illegal for law enforcement officers to discriminate against a person based on a protected characteristic such as race, gender, religion, or other factors. If such discrimination led to a person’s arrest, the individual may be able to file a legal claim.

The most recent data by the South Carolina State Law Enforcement Division (SLED) shows that in 2024, Horry County had a total of 18,810 arrests. This compares with 18,403 arrests the previous year, a 2.2% increase in total arrests when accounting for population growth. The 2024 arrest rate was 455.02 arrests per 10,000 residents, compared to the state average of 326.0.

Types of Damages for Wrongful Arrest Cases

Wrongful arrest cases are a type of civil liability claim. This means the claimant may be able to recover damages for the false arrest. Common types of damages recovered in such cases may include:

• Medical bills
• Bail
• Attorney fees
• Lost wages
• Compensatory damages for mental and emotional distress, physical injuries, or damage to your reputation, such as the arrest being public or going on your criminal record
• Punitive damages in cases where the officers’ actions were reckless or malicious

In addition, if a wrongful arrest leads to a wrongful conviction, additional damages may be awarded based on those actions. A qualified wrongful arrest attorney can carefully evaluate the specific aspects of your case to determine what legal damages you may be entitled to.

Challenges in Wrongful Arrest Cases

Wrongful arrest cases in Myrtle Beach can be especially challenging because the system is designed to shield police officers from civil liability. This means that laws often favor law enforcement officers, and it is the claimant’s responsibility to prove that the officer’s actions were wrongful. It can be difficult to obtain sufficient evidence for such a claim, and it requires a deep understanding of the law, civil rights, and court procedures to navigate these complex cases.

A skilled wrongful arrest lawyer understands the defense strategies officers use in wrongful arrest cases. Common defense strategies can involve: 

• Qualified immunity. This means police officers are protected from civil liability unless they violate clearly established constitutional rights, which can be challenging to prove
• Probable cause. Even in cases where an arrest was not justified, a police officer may claim they reasonably believed they had probable cause at the time of the arrest.
• Statute of limitations. Legal claims have time limits. In South Carolina, an individual generally has two years from the date of the incident to file a legal claim.
• Complexity. Wrongful arrest cases often require extensive discovery, including depositions and expert testimony on law enforcement policies, forensic evidence, and civil rights. It can be crucial to have an attorney with the experience and resources needed for difficult cases.

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Why You Should Hire a Wrongful Arrest Lawyer

When you are dealing with the consequences of a wrongful arrest, the first step to preserving your rights and interests is to hire a wrongful arrest lawyer. This can be key to a favorable outcome that holds law enforcement officers and agencies accountable for their improper actions and the results of those actions on your life. A skilled attorney can help you navigate the complexities of the legal system in a variety of ways, including:

• Protecting and explaining your legal rights
• Guiding you through the process, from filing to motions to trial, if necessary
• Investigating your case
• Gathering evidence such as bodycam footage, police reports, and booking records
• Determining all liable parties, such as the officer, the police department, the supervising officials, or the City of Myrtle Beach
• Developing a comprehensive legal strategy
• Negotiating with opposing counsel for a fair settlement
• Maximizing your compensation by assessing all potential damages
• Representing you in trial if needed

Your Myrtle Beach Wrongful Arrest Attorney

Wrongful arrests are not just mistakes. They are violations of fundamental civil rights granted to everyone in the US. When law enforcement officers overstep, it’s the person who was falsely arrested who suffers the most. Fortunately, the legal system also provides a way to hold liable parties accountable, so victims can recover damages resulting from their mistreatment.

At Axelrod & Associates, P.A., we are dedicated to pursuing justice for our clients and fiercely defending your constitutional right to freedom from wrongful arrest. If you or a family member is dealing with the aftermath of a wrongful arrest, reach out to our offices right away to schedule a consultation and learn how our firm can help in your case.