Unlawful Arrest: Client Sues Police after a Case of Mistaken Identity

O’Brien Criminal and Civil Solicitors are experts in assisting clients sue the police for false arrest, unlawful imprisonment and malicious prosecution. Read about one of our successful cases related to mistaken identity below.

A case of mistaken identity leads to unlawful arrest

suing the police for false imprisonment unlawful arrestThis was a case of mistaken identity.

JT had a common name. One day police came to his house and asked him if he was JT to which he answered ‘yes’. The police arrested him telling him that he was under arrest for an outstanding warrant. However the police did not provide him with any other details of his arrest or of the warrant. They took him to the police station and questioned him. It turned out that the warrant was for a different person with the same name. After his release JT approached O’Brien Criminal and Civil Solicitors to assist him in making a claim for false arrest against the police.

Police could have easily avoided the mistake

Our solicitor represented JT in his claim arguing that there was an unlawful arrest by the police officers. The argument put forward was that the police had no legal authority to arrest JT and by doing so they performed an unlawful arrest.

When the police first arrived at his house they did not have their warrant with them which was a clear breach of their arrest powers. The police failed to check the personal details of JT such as middle name and birth date listed on the warrant before arresting him. This could have been easily done at his home as opposed to arresting and questioning him at the police station. Our solicitor successfully represented JT in his claim and he got compensation for his false arrest.


JT thanks the firm for successfully representing him in his case:

“Thanks for helping me achieve a good outcome in my case!

I approached O’Brien Criminal and Civil Solicitors in regards to my civil matter. I had been unlawfully arrested and was originally not going to proceed with my claim because I didn’t think that I had a winning case. However the firm convinced me that I had a case and has been very helpful throughout the entire process. The solicitor explained the law and my case thoroughly. He was in constant contact throughout the entire process and kept me up to date with what was going on. I am extremely pleased with the outcome and it was exactly what I wanted.

I recommend to anyone with any problems that O’Brien Criminal and Civil Solicitors is the way to go!”

If you think that you experienced unlawful arrest or false imprisonment, contact us for a free initial consultation. We are experts in this area of law and can assist you in getting the best outcome for your case. Call us on (02) 9261 4281 or email


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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