Atlanta False Imprisonment Attorney

Georgia False Imprisonment Attorney – Protecting Your Rights and Freedom

False imprisonment occurs when someone is unlawfully restrained or confined against their will, violating their basic right to freedom of movement. This can happen in various situations, from wrongful detention by store security to illegal actions by law enforcement. If you’ve been a victim of false imprisonment, you deserve justice and compensation for the harm caused. At Wetherington Law Firm, our experienced false imprisonment lawyers are dedicated to defending your rights and holding the responsible parties accountable.

Our false imprisonment lawyers understand the complexities of false imprisonment claims and how devastating the experience can be. Under Georgia law, victims can seek compensation for emotional distress, lost wages, and other damages resulting from the unlawful confinement. We meticulously investigate every detail of your case, gather critical evidence, and build a powerful legal strategy to pursue maximum compensation. Whether you were wrongfully detained in a retail store or unlawfully held by law enforcement, we are prepared to fight for your freedom and justice.

Choosing the right attorney can make all the difference in achieving a favorable outcome. At Wetherington Law Firm, we have a proven track record of successfully handling complex false imprisonment cases in Georgia. Our false lawyers are skilled negotiators and aggressive litigators who understand the tactics used by defendants to avoid liability. We are committed to protecting your rights and ensuring you receive the compensation you deserve.

We provide personalized legal representation with compassion and professionalism, guiding you through each step of the legal process. Our firm offers free consultations and works on a contingency fee basis, meaning you pay nothing unless we win your case. Contact Wetherington Law Firm today to discuss your false imprisonment claim and take the first step toward justice and freedom.

Your Legal Rights in a False Imprisonment Case in Georgia

False imprisonment is a direct violation of your civil rights under both Georgia state law and the U.S. Constitution. If you were unlawfully detained—whether by police, a business, or a private individual—you have the right to take legal action. Understanding your rights and how a false imprisonment attorney in Georgia can help is the first step toward seeking justice.

What Constitutes False Imprisonment Under Georgia Law?

In Georgia, false imprisonment is defined under O.C.G.A. § 51-7-20 as the unlawful restraint of a person’s freedom without legal justification or consent. This can occur in a variety of situations, such as:

• Unlawful police detainment – If law enforcement officers hold you without probable cause or exceed their legal authority, it may be a violation of your Fourth Amendment rights.
• Retail store detainment – Under Georgia’s Shopkeeper’s Privilege (O.C.G.A. § 51-7-60), a store can detain suspected shoplifters under specific conditions. However, if a store falsely accuses and holds you against your will without reasonable cause, you may have grounds for a lawsuit.
• Employer or security misconduct – If a private security guard or employer detains you unlawfully, whether through threats or physical restraint, it may be considered false imprisonment.
• Personal disputes and domestic situations – If someone—such as a spouse, family member, or acquaintance—prevents you from leaving a location against your will, it can be classified as unlawful restraint.

Even if no physical force was used, you may still have a valid false imprisonment claim if you were threatened, coerced, or made to believe you could not leave safely.

What Are Your Legal Rights If You’ve Been Falsely Imprisoned in Georgia?

If you’ve been unlawfully detained, you have several legal protections and rights, including:

• The right to freedom of movement – No one has the right to hold you against your will unless they have lawful justification, such as an arrest with probable cause.
• The right to legal action – Victims of false imprisonment can file a civil lawsuit to seek compensation for emotional distress, financial losses, and other damages.
• The right to challenge wrongful detainment – If law enforcement or a business detained you without legal cause, an attorney can fight for the dismissal of charges or pursue legal action for damages.

Unlawful detainment can have serious consequences, affecting your mental well-being, reputation, and livelihood. That’s why it’s important to seek legal representation as soon as possible.

How a False Imprisonment Attorney in Georgia Can Help

Navigating a false imprisonment case requires an experienced attorney who understands Georgia’s civil rights laws and the legal system. Here’s how a lawyer can help:

1. Investigating the Incident

A false imprisonment attorney will gather crucial evidence, such as:

• Surveillance footage from stores, businesses, or public locations.
• Police reports and arrest records to identify legal violations.
• Eyewitness statements to corroborate your version of events.

2. Challenging Wrongful Arrests and Detainment

If law enforcement violated your rights by detaining you without probable cause, an attorney can challenge the arrest and fight to have any charges dropped. In cases of excessive force or misconduct, you may also have grounds for a civil rights lawsuit.

3. Filing a False Imprisonment Lawsuit

Your attorney can take legal action against businesses, security firms, law enforcement agencies, or private individuals responsible for your unlawful detainment. The goal is to secure fair compensation for your suffering.

4. Negotiating Settlements

Many false imprisonment cases are settled outside of court. An experienced lawyer can negotiate a fair settlement covering damages such as:

• Emotional distress
• Lost wages due to missed work
• Medical expenses if you were injured during detainment
• Punitive damages in cases of egregious misconduct

5. Representing You in Court

If a fair settlement isn’t offered, a trial attorney will take your case to court and present evidence before a judge or jury.

Why You Need a False Imprisonment Lawyer in Georgia

If you’ve been falsely imprisoned, a skilled attorney can build a strong case by:

• Investigating the circumstances – Reviewing police reports, surveillance footage, and witness statements to prove unlawful detainment.
• Challenging unlawful arrests – If law enforcement violated your Fourth Amendment rights, your attorney can fight for dismissal of charges and potential civil action.
• Filing a false imprisonment lawsuit – Pursuing legal action against the responsible party, whether it’s the police, a business, or an individual.
• Negotiating settlements – Working to secure fair compensation for your suffering, including financial losses and emotional distress.
• Taking your case to trial – If a fair settlement isn’t offered, an experienced trial attorney can present your case before a Georgia court.

A false imprisonment claim requires strong evidence and legal strategy. That’s why it’s crucial to work with an experienced Georgia false imprisonment attorney who understands state and federal laws protecting your rights.

If you or a loved one has been unlawfully detained, don’t wait. Contact our legal team today for a free consultation and take the first step toward justice.

Potential Compensation for False Imprisonment Victims in Georgia

Being unlawfully detained can have severe emotional, financial, and psychological consequences. If you’ve been a victim of false imprisonment in Georgia, you may be entitled to compensation through a civil lawsuit. The amount of compensation depends on the circumstances of your case, including the duration of your detention, the harm suffered, and the conduct of the responsible party.

Types of Damages You Can Recover

Victims of false imprisonment can seek several types of damages, including:

1. Economic Damages (Financial Losses)

• Lost wages & income – If you were detained and unable to work, you can claim lost wages for the time missed.
• Medical expenses – If the unlawful detention caused physical harm or emotional distress requiring therapy or medical treatment, you may recover medical costs.
• Legal fees – In some cases, you may be compensated for attorney fees and court costs.

2. Non-Economic Damages (Emotional & Psychological Harm)

• Emotional distress – Anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the experience.
• Pain and suffering – If physical force or threats were used during your detention, you may receive compensation for the trauma endured.
• Damage to reputation – If you were falsely accused of a crime and publicly detained, you may be able to recover damages for harm to your reputation.

3. Punitive Damages (Punishment for Wrongful Conduct)

• If the defendant’s actions were particularly reckless, malicious, or intentional, the court may award punitive damages to punish them and deter similar misconduct in the future.

Case Examples & Average Settlements

Settlement amounts for false imprisonment cases can vary based on factors such as who was responsible (law enforcement, businesses, private individuals), the duration of detainment, and the harm suffered. While exact settlements depend on specific case details, examples of past payouts include:

• A Georgia man detained without cause by police received a six-figure settlement after proving his civil rights were violated.
• A retail store falsely accused and detained a customer on shoplifting allegations, resulting in a settlement covering emotional distress and lost wages.
• An employee unlawfully held at a workplace by security personnel was awarded damages for the financial and psychological toll of the event.

If you believe you’ve been falsely imprisoned, our false imprisonment attorney can evaluate your case and help determine the potential value of your claim. Contact us today for free case evaluation. 

Common Defenses in False Imprisonment Cases & How Attorneys Counter Them

Defendants in false imprisonment cases often try to justify their actions to avoid liability. Here are the most common defenses and how an experienced attorney can challenge them:

1. Probable Cause (Used by Law Enforcement & Businesses)

• Defense: Law enforcement or security personnel may argue they had reasonable suspicion or probable cause to detain you.
• Attorney’s Counter: Your lawyer can challenge whether actual probable cause existed by examining body cam footage, surveillance videos, witness statements, and arrest records. If officers acted without legal justification, the detainment may be deemed unlawful.

2. Citizen’s Arrest (Used by Private Individuals & Businesses)

• Defense: A private individual or business may claim they detained you under Georgia’s citizen’s arrest laws (O.C.G.A. § 17-4-60), which previously allowed businesses or individuals to detain someone they reasonably suspected of committing a crime.
• Attorney’s Counter: Georgia’s citizen’s arrest law was significantly revised in 2021, restricting its use. A lawyer can argue that the defendant lacked legal justification or exceeded their authority, making the detainment unlawful.

3. Consent (Used by Employers, Security Guards, & Individuals)

• Defense: A defendant may claim that you voluntarily stayed and were not truly imprisoned.
• Attorney’s Counter: Your lawyer can present evidence of coercion, threats, or an environment where you were led to believe you could not leave, proving that the detainment was unlawful.

4. Shopkeeper’s Privilege (Used by Retailers & Businesses)

• Defense: Under Georgia law (O.C.G.A. § 51-7-60), businesses can briefly detain a suspected shoplifter for questioning.
• Attorney’s Counter: A lawyer will assess whether the store exceeded the reasonable scope of detainment, such as holding you for an extended period, using force, or lacking proper justification. If so, the detainment can be classified as false imprisonment.

Why You Need a False Imprisonment Attorney to Fight for Your Rights

False imprisonment cases can be legally complex, especially when dealing with businesses or law enforcement agencies that have legal teams prepared to defend them. A skilled Georgia false imprisonment attorney can:

✔ Gather and present compelling evidence to prove unlawful detainment
✔ Challenge the defendant’s legal justifications and highlight misconduct
✔ Negotiate a fair settlement or take your case to trial if necessary

If you or a loved one has been falsely imprisoned, don’t wait to take legal action. Contact our law firm today for a free consultation, and let us fight for the compensation you deserve.

False Imprisonment by Law Enforcement

Unfortunately, many citizens are wrongly imprisoned and incarcerated each year; statistically speaking, data shows African Americans are only 13% of the American population.  But, a majority of defendants who are wrongfully convicted of crimes and later exonerated are African American. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016).  Worse, African Americans are overwhelmingly the main targets in proven scandals where police officers have been caught intentionally framing innocent  defendants for crimes that  never occurred.

Police officers exercise incredible power and authority in the course of doing their jobs. Lives hang in the balance daily based upon their decisions. We believe the majority of law enforcement officers truly desire to protect and serve, and that they are honorable men and women who make the best possible decisions in what are often deadly circumstances.  Sadly, there are many other police officers out there who are decidedly unfit for duty – they need control over others, are prejudiced and self-seeking, feeling the need to be right at all costs.

These cases often lead to more than false imprisonment – assault, battery, rape, and more.  If that happens, you will need our Atlanta abuse of force lawyers.

False imprisonment in the context of law enforcement refers to the unlawful detention of a person for any length of time.  It does not include the arrest of a person.  False arrest is a form of false imprisonment, but involves a different body of law.

False Imprisonment by Persons Other than Law Enforcement

Over the last decade, vehicle booting companies are responsible for more false imprisonments in Georgia than any other industry, including security guards.  Unlike booting, security guards are less likely to commit false imprisonment because there is a specific statute that authorizes the reasonable detention of a potential shoplifter:

Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:

(1) That the plaintiff had so conducted himself or behaved in such manner as to cause a man of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14; or

(2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

This does not mean that a security guard at a place like Wal-Mart or Kroger cannot commit false imprisonment.  Under this statute, there are two important things to consider.  First, the detainer must have a reasonable suspicion that the person being detained was shoplifting.  Second, the length of detention must be reasonable under the circumstances.

Legal Requirements for False Arrest and False Imprisonment Claims in Georgia

False Arrest

• Use of force or a show of authority
• Genuine belief that you are not free to leave
• Intentional restriction of movement or freedom without probable cause

Many false arrest claims involve private security guards. When security officers stop someone and question that person, there are strict guidelines they must follow.  Failure to follow these guidelines could cause the security guard (and his employer) to become liable for damages stemming from false arrest claims.

False Imprisonment

In Georgia, the only essential elements in a suit for false imprisonment are detention of the person of the plaintiff without his/her consent and its unlawfulness. Therefore, if one should detain another without the person’s consent and that detention was without the authority of law, the person detained would be entitled to recover.

Do You Have a Civil Claim for False Imprisonment?

Civil claims include monetary compensation for injuries sustained as a result of false imprisonment, including pain, suffering, lost time, reputation damage and emotional harm. If you suspect yourself or a loved one has suffered harm from false imprisonment, determine if your situation meets the following legal criteria:

• Your ability to move freely was restrained; and.
• There was no legal justification to restrain or detain you.

For the first criteria—being held against one’s will—is defined using a “reasonable person” standard, which is objective. Would a reasonable person in the same situation have believed he or she was being held against his or her will?

For the second criteria, the most important component is the method in which the individual was detained. Force or physical restraint is not necessary to prove this criterion.  Sometimes, the threat of force or harm results in the individual feeling like they are not free to leave.  Other times, the detention can be unlawful based on a failure to comply with an enabling act, such as the shopkeepers statute we discussed above.