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If a judge does not find there was adequate probable cause for your arrest, and you were not arrested on a warrant (which requires no independent probable cause), the judge can order you be released. It is possible to be re-arrested on the same charge, once the police have either obtained a warrant or developed more evidence to reach probable cause. Double jeopardy does not attach until the first witness is sworn at trial.
The most common remedy after release is a civil lawsuit against the person or agency (usually both) that made the arrest. If you prevail, the judge or jury can award you money damages.
If the arrest was made maliciously and not the result of simple error, the person(s) making the arrest may be criminally liable on charges of false imprisonment, kidnapping, abuse of authority, or other charges appropriate for the jurisdiction.
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∙ 13y ago
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