My friend was arrested and found out later on that no charges had been filed.?

Question

Is this considered false arrest? He's thinking there was no arrest warrant issued.

Answer 1

No. A police officer is only required to have probable cause to make an arrest. Often times a person may be arrested based on present facts and later the officer may unarrest them if new facts come to light. Also, the prosecutor makes the final decision on whether or not to write a warrant. Then a judge or magistrate needs to sign it to make it valid. The prosecutor or judge may not agree with the police officer and decide not to issue a warrant. There are may possibilities and it would be difficult to know why a warrant wasn't written/issued without having all the facts.

Answer 2

The burden of proof to make an arrest is much less than the burden to prove him guilty. The burden of proof prior to arrest would be probable cause. As long as that was established, the arrest is valid. The burden of proof for conviction is beyond a reasonable doubt. This case likely fell inbetween those two standards.

The police may have determined the case was not that strong against him, or more evidence may have come forward since the arrest.

Often, the prosecuting attorney reviews the case and elects not to bring charges due to several things. Sometimes it is simply for "prosecutoral discretion" and has little to do with the actual evidence.

Answer 3

No, there are a lot of arrests each day that the file/report then goes to the district attorney, who can pursue or decide the case is too weak to prosecute. The district attorney (prosecutor) is the office that files the charges, not the police department.

Tell your friend he got lucky!

He should call the district attorney's office to make sure the case has been dropped, sometimes the DA is backed up and it takes a few months to get the charges filed and the warrent issued.

Answer 4

IN my opinion this is a False Imprisonment in the law of torts and could well be under the Criminal code. If there was no reasonable means of escape, he was not free to go(the arrest), some may argue it was a Detention, however he was not free to leave, he was arrested , but the fact there were no charges filed is irrelevant. The fact he was seized and taken into custody , then put in holding until they decided to let him go , if my assumptions are correct, consitutes a False Imprisionment. brb with more info.

See this link under Nevada Revised statutes: http://www.bj21.com/advantageplay/lawandtaxes/falsearrest.shtml
brb with more

Here is False Imprisonment under Nevada Revised Statutes: http://www.leg.state.nv.us/NRS/NRS-200.html#NRS200Sec460
brb

Arrest may be made only if Probable Cause exists: http://www.leg.state.nv.us/NRS/NRS-171.html#NRS171Sec1231

If there was an NCF slip -No Charges filed- he should seek to have this arrest record sealed or expunged. brb

Finally we come to the defintion of a False Imprisonment under the Restatement of torts: Here it is: http://www.lclark.edu/faculty/tomas/objects/Restatement.pdf

As you can see, from the reading of these statutes and the Restatement of torts it was a False Imprisonment. Civil damages are available in a civil suit for the False Imprisonment. there was no Probable cause as you have stated and your friend was confined against his will, and not free to leave. I will add more later. but keep in mind the Peace officer must have some Probable cause to make the arrest. If there is no warrant, Probable cause fails that test. There are other circumstances where an arrest may be made without a warrant but I need more facts. So far from what you have had to say, it appears this is a False Imprisonment. BTW what was he arrested for?

As an addendum to this answer be aware that in some states an officer can only detain a person for a certain amount of minutes as is the case with my State , the maximum stime is 60 minutes pursuant to the following Statute:
http://www.leg.state.nv.us/NRS/NRS-171.html#NRS171Sec123

I hope this helps you out.

Answer 5

Not necessarily. The officers could well have had probable cause to arrest, and the Prosecutor's office may have declined to pursue the case for other reasons. It is not an unheard of occurrence.

Answer 6

Looks like the criminal complainant or victim refused to prosecute or the prosecutor decided on the advice of the victim or plaintiff not to press charges.

That means the friend could be released very soon and might even have a rap sheet....

Answer 7

your question honestly makes no sense. you do not have to have a warrant to be arrested.one can be arrested and later released without there ever being a warrant.
----retired texas deputy sheriff----

Answer 8

No, he was detained and no charges were filed.
I am assuming he was then released.