In a bizarre twist, in two separated incidences victims of identity theft have been wrongfully arrested for crimes committed in their names. An Indiana woman was arrested after someone using her stolen identity stole a car under the pretense of taking it for a test drive and a Utah man was arrested after another identify thief passed bad checks in his name.
Both insisted on their innocence. The woman had filed a police report after having her wallet stolen, but that did not stop the police from putting her in jail for four days despite her repeated pleas that she was a victim of identity theft. The thief using the Utah man’s ID to cash a check looked nothing like the victim, but that did not stop the police from issuing an arrest warrant and criminal complaint against him.
After the experience, the Indiana woman lives in fear every day that the police will get it wrong once again and arrest her for crimes her identity thief commits. The Utah man has sued the police department for emotional distress, anxiety and depression and is seeking compensatory a punitive damages for the ordeal they put him through.
Wrongful arrests happen more often than many realize. If you are falsely arrested, it is important to seek the help of an experienced criminal defense attorney. Protections against wrongful arrest lie in the Fourth Amendment which requires a law enforcement to have probable cause for arrest, and the Fourteenth Amendment, which guarantees due process. However, despite these protections, Americans are subject to violations of their rights every day so wrongful arrests are not uncommon.
During an arrest or as a result of being arrested, someone may suffer physical harm or illness. A person that is wrongfully arrested may also suffer damage to their reputation, embarrassment, and may even lose their job resulting in a loss of wages. They may go on to be maliciously prosecuted or even be wrongfully convicted of a crime which they did not commit.
Fortunately, there are legal recourses: a person that is wrongfully arrested can sue for a variety of damages and wages lost during any periods of incarceration. However, they must be cleared of the crime they are being falsely accused of first, which may sometimes prove difficult even when someone is not guilty of the charges they face. Attorney Andrew C. Ladd focuses on an aggressive strategy against theft charges, including Identity Theft, Check and Credit Card Fraud, Employee Theft and Forgery. Contact Wisconsin criminal defense attorney Andrew C. Ladd for a free consultation at 262-542-3900.