False imprisonment happens when person restrains intentionally another person’s ability to move with freedom. At the same time, this person doesn’t have legal jurisdiction and authority to restrain someone.
Therefore, the captive customer can easily claim damages, and bank robber will get criminal charges of false imprisonment. You should have in mind that the police can also get false imprisonment charges in a case that they exceed their authority and detain someone without jurisdiction.
The role of the defense attorney is to help you get facts straight and to reduce the possibility of getting into jail. The points stand out, and if someone intentionally decides to restrict another one’s freedom of movement without prior consent, they will be liable for false imprisonment.
This particular type demands both civil and criminal court similar to other offenses such as battery and assault. False imprisonment can happen on the streets, in the room and even in a moving vehicle. That will become false imprisonment the moment attacker takes into custody a victim.
Factors Of False Imprisonment
States have laws and regulations against false imprisonment claims. However, the idea of proving false imprisonment requires finding and determining the following elements:
- There has to be a willful detention
- The detention has to be unlawful
- The detention has to be without consent
Of course, false imprisonment depends on a specific context, and it can come in various forms. In some cases, an attacker can use force, but that is not required to make the criminal act false imprisonment.
The best way to understand how false imprisonment functions is by clicking here.
If you restrain a person in the area with a physical barrier, such as locking someone in a car, or if you hold someone’s valuables with the primary intent to make the victim remain at the location, then you get eligible for false imprisonment criminal charges.
You can easily claim false imprisonment, but you must create a reasonable belief that you were confined without your consent. At the same time, the court will find a way to determine whether this belief is reasonable and to check whether you were reasonable under specific circumstances.
You should have in mind that there has to be an intent to commit confinement.
Primary Examples Of False Imprisonment
- When you lock someone in a room without the consent and permission.
- When you grab another person without the consent, and you don’t want to give him/her the ability to leave.
- When store owner or security guard detains someone for lots of time-based on the ethnicity and appearance.
- When an employer decides to detain someone for questioning
- When medicinal staff medicated patient without their consent.
Examples Of Situations That Don’t Constitute False Imprisonment
- When you claim that you were falsely imprisoned just because you were innocent of the crime.
- When someone grabs you, and you can free yourself without retaliation and fear.
- When storekeeper detains you for a reasonable amount of time based on probable cause. The probable cause could be seeing you checking something with the idea to steal it.
- When someone asks you not to leave due to specific circumstances that have reasonable cause.
How To Protect Yourself Against False Imprisonment?
When it comes to false imprisonment, it is essential to understand that these claims turn on if a person claims that it happened. Of course, it requires reasonable grounds for the situation based on everything that happened. We recommend you to check the best ways to protect yourself against false imprisonment:
- Voluntary Consent – When someone voluntarily consents to confinement without fraud, coercion or duress, won’t be able to claim false imprisonment. You should have in mind that voluntary consent means that you will be able to defend yourself in case you get the charges.
- Police Privilege – In all states in the USA police officers can detain someone just in case of probable cause. Therefore, if the police doubt that you have been engaged in certain crimes, then they will be able to detain you based on circumstances.
- Shopkeeper’s Privilege – In most states, some laws will protect merchants from false imprisonment claims. Some laws, for example, will allow them to detain someone for a small period, but they need to have reasonable grounds to believe that person committed or wanted to commit theft. In some instances, shopkeepers can easily detain a person and request ID and rational inquiry. It doesn’t matter if a person has purchased something because you will be able to hold it until a police officer arrives. When it comes to determining liability, the court will look into actions that happened and other circumstances that will determine reasonable doubt. However, you should have in mind that guilty shoplifter can sue for false imprisonment if the detention was unreasonable.
- Citizen’s Arrest – There are examples where the person who is not the part of law enforcement official can make citizen’s arrest. He/she can do it by calling a police officer when crime happens. However, you should have in mind that defense won’t provide you the right to use force, but you can only restrain someone until the officers of law arrive the crime scene. Check this website: https://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html for more information on citizen’s arrest regulations.
As you can see from everything that we’ve mentioned you above, the idea of false imprisonment is a criminal case that requires a specific defense based on circumstances. Therefore, you should find a professional attorney that will help you enjoy the peace of mind during a court.
Apart from that, if someone tries to imprison you without your consent, you will be able to sue and to get damage for problems you had along the way. The idea of false imprisonment stands out and you should be able to determine the cause and to get damage you needed in civil court. At the same time, prosecutor will try to find a way to take criminal charges against an offender.