Being Arrested at the Scene of a Family Member's Car Accident
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 19, 2026
Legal Inquiry
Consumer Legal Issue
Family member got into car crash I showed up and the cop arrested me.
Yes but after I was arrested and no they came back and said they droped the charges.
Attorney Answer
Now that the charges have been dropped, the real question is whether the arrest itself was lawful — and you can start answering that by requesting the official arrest or incident report to see the stated basis for taking you into custody.
Police in Pennsylvania may only arrest someone when they have probable cause to believe that person committed a crime. The record here establishes that an arrest occurred and that the charges were later dropped — not why the arrest was made or what officers believed at the time, so that basis needs to come from the official report rather than assumption. If it turns out probable cause was lacking, a false-arrest or related civil-rights claim may be a possible avenue, separate from the now-resolved criminal case. Talking to a lawyer about this does not imply any wrongdoing on your part — it's simply how you find out whether the arrest was proper.
What you can do:
1. Request a copy of the arrest and/or incident report from the police department or court to see the documented basis for the arrest.
2. Note the exact date of the arrest, since any related civil claim runs from that date.
3. Have a local attorney review the report and circumstances to assess whether probable cause was lacking and whether a false-arrest or civil-rights claim is worth pursuing.
⏱ Time limits apply. Under Pennsylvania Consolidated Statutes § 5524, claims for false arrest and false imprisonment carry a two-year statute of limitations running from the date of the arrest, so a local attorney should review your situation promptly to confirm how much time remains.
Relevant Case Law
Dwayne Harvard v. Christopher Cesnalis, 973 F.3d 190 (2020) — Court of Appeals for the Third Circuit
We will vacate the District Court’s grant of summary judgment for defendant state trooper Christopher Cesnalis as to the false arrest, false imprisonment, malicious prosecution and Equal Protection claims.
A federal appeals court revived false-arrest and related claims because probable cause was genuinely disputed, showing such claims can survive dismissal — it guarantees no outcome.
Read the full opinion (CourtListener)
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Frequently Asked Questions
Does having charges dropped mean an arrest was unlawful?
Not automatically — whether an arrest was lawful depends on whether officers had probable cause at the time, which is separate from how the case was later resolved.
How can someone find out the basis for their arrest?
Generally, requesting the official arrest or incident report from police or the court can reveal the documented basis for the arrest.
How long do you have to file a false-arrest claim?
Many states impose a limited statute of limitations, often around two years from the date of arrest, so prompt consultation with an attorney is generally advisable.
