Cash, Krugler & Fredericks, LLC represents individuals who have been falsely arrested, imprisoned and/or maliciously prosecuted for crimes they did not commit. The firm has extensive experience in this area and has prosecuted claims against private security companies, business owners, city police and county sheriff departments. Such claims have several unique characteristics that require potential clients to immediately contact and involve a skilled attorney.
The Criminal Case
False arrest, false imprisonment and malicious prosecution claims really involve two distinct types of cases, both of which are essential to a recovery. First, the criminal charges against you must be resolved in your favor, which often requires retaining a skilled criminal defense attorney. While Cash, Krugler & Fredericks, LLC does not practice criminal law, we have relationships with various criminal defense attorneys throughout the state of Georgia who may be able to assist you with the criminal portion of your case. The resolution of the criminal charges can have serious consequences on your ability to bring a lawsuit. While people often believe that agreements or pleas with prosecutors help their case, they can actually prevent you from ever bringing a lawsuit. It is essential that you have adequate legal representation at the criminal phase in order to preserve any civil claims you may have.
Written Notice of Claims to the Government
Another potential pitfall for individuals with claims against cities, counties or other governmental entities is the requirement of written notice of the claim. In order to pursue claims for false arrest, false imprisonment or malicious prosecution against a governmental entity, written notice of your claim must be submitted to the proper parties. The notice must contain information required by statute and may have to be sent by certified or registered mail. The deadline for providing written notice is generally six months for cities/municipalities and twelve months for counties and the State. If written notice is not provided in the proper format, in the proper time frame or to the proper parties, your case may be dismissed from court. Once retained, our attorneys will put all proper parties on notice in order to preserve your claims.
Governmental Immunity
False arrest and similar claims are also complicated by the fact that cities, counties, state departments and other governmental entities are often immune from suit, and cannot be sued even if their employees have injured you. However, there are often ways around such immunity if your attorney knows the intricacies of the law and is creative. Cash, Krugler & Fredericks, LLC has litigated claims against governmental entities for many years and we know the ins and outs of such litigation. You can use our expertise to your benefit for your false arrest, false imprisonment or malicious prosecution claim.
Please feel free to use our Online Consultation Form, Email us or call our attorneys at (404) 659-1710 to discuss your case or if you have any questions.
