Jason Javie | Oct 13 2026 13:00
Why Do I Have to Win My Criminal Case Before Suing for Wrongful Arrest?
Why Do I Have to Win My Criminal Case Before Suing for Wrongful Arrest?
You were arrested. Maybe the charges were bogus from the start. Maybe the officer had it out for you, or the whole thing was based on a misunderstanding — or worse, a lie. You're furious, and rightfully so. You want justice. You want to sue.
But then your attorney tells you something that stops you cold:
"We need to resolve the criminal case first."
Wait — what? You were the one wronged here. Why do you have to wait? Why does the outcome of the criminal case matter to your civil lawsuit?
It's a great question, and the answer involves a little constitutional law, a little legal history, and a Supreme Court case with a name that practically begs to be made into a pun.
Meet Heck v. Humphrey — The Case That Changed Everything
In 1994, the U.S. Supreme Court decided a case called Heck v. Humphrey , 512 U.S. 477 (1994). Roy Heck had been convicted of voluntary manslaughter in Indiana. While his criminal appeal was still pending, he filed a federal civil rights lawsuit under 42 U.S.C. § 1983 — the federal law that allows people to sue government officials for violating their constitutional rights.
Heck claimed the prosecutors had destroyed evidence and conducted an unlawful investigation that led to his arrest and conviction. He wanted money damages.
The Supreme Court said: not so fast.
The Court held that you cannot bring a civil rights lawsuit for damages if winning that lawsuit would necessarily imply that your criminal conviction was invalid — unless that conviction has already been overturned, reversed, expunged, or otherwise invalidated.
This became known as the "favorable termination rule" — and it applies directly to wrongful arrest claims.
So What Does This Have to Do With My Arrest?
Here's where probable cause comes in — and this is the key concept you need to understand.
Probable cause is the legal standard that police must meet before they can arrest you. It doesn't mean they have to prove you committed a crime — that's what trials are for. It means they need a reasonable basis, based on the facts and circumstances known to them at the time, to believe that you committed one.
Think of it like this: probable cause is a low bar compared to "beyond a reasonable doubt," but it's not nothing. An officer can't arrest you just because they don't like your face or because someone pointed at you on the street without any supporting facts. There has to be something real there.
Now here's the critical connection: a wrongful arrest claim is, at its core, a claim that the officer lacked probable cause to arrest you. That's the constitutional violation — an arrest without probable cause is an unreasonable seizure under the Fourth Amendment.
Why a Conviction Closes the Door (For Now)
When you are convicted of a crime, the criminal justice system has — at least officially — determined that there was sufficient evidence to find you guilty beyond a reasonable doubt. And if there was enough evidence to convict you, there was almost certainly enough evidence to arrest you in the first place.
In other words: a conviction necessarily implies that probable cause existed.
If you were then allowed to turn around and file a civil lawsuit saying "that arrest was unlawful — there was no probable cause," you'd be asking a civil court to contradict what the criminal court already decided. The Supreme Court in Heck said that creates an unacceptable conflict between the two systems. Courts can't have a criminal conviction standing on one hand and a civil judgment saying the arrest was unconstitutional on the other. The two are logically incompatible.
So the rule is: the criminal case has to end in your favor first.
What Counts as "Winning" the Criminal Case?
Good news — you don't necessarily have to win at trial. A "favorable termination" of your criminal case can happen in several ways:
- ✅ Charges dismissed(by the prosecutor or the court)
- ✅ Acquittal at trial — a jury or judge finds you not guilty
- ✅ Conviction reversed on appeal
- ✅ Conviction vacated by a court
- ✅ Habeas corpus relief granted by a federal court
What does not count? Entering a diversion program (sometimes), pleading guilty (even to a lesser charge), or having charges reduced in a plea deal that results in a conviction. Those outcomes generally do not give you the "favorable termination" you need.
But What If the Charges Were Dropped — Can I Sue Now?
This is where things get interesting — and where having the right attorney matters enormously.
If your charges were dismissed or you were acquitted, you may very well have a viable wrongful arrest claim. The clock is ticking on your statute of limitations, and the facts of your case need to be carefully analyzed. Not every dismissal is created equal, and not every arrest without a conviction automatically gives rise to a winning civil rights claim.
There are also other civil rights claims — like excessive force — that may not be barred by Heck at all, even if you were convicted, because they don't necessarily imply the invalidity of the conviction. Every case is different.
The Bottom Line
The law isn't always intuitive, and the intersection of criminal and civil rights law is one of the most complex areas a person can navigate. If you believe you were wrongfully arrested — whether your case is still pending, was dismissed, or resulted in an acquittal — you need someone in your corner who understands both sides of the courtroom.
📞 Ready to Fight for Your Rights? Contact Jason Javie PC Today.
At Jason Javie PC, we are passionate about civil rights and committed to zealous, effective advocacy for people who have been wronged by the system. We understand the legal landscape — including the Heck doctrine, probable cause analysis, qualified immunity, and the strategic decisions that can make or break your case.
Don't wait. Statutes of limitations are real, and delay can cost you your claim.
If you believe your constitutional rights were violated, call us today for a consultation. Let's talk about what happened, where your case stands, and what your options are. You deserve an attorney who will fight for you — not just go through the motions.
Jason Javie PC — Zealous. Effective. On Your Side.
📞 Contact us today to schedule your consultation.
