It's because of limited resources, uncooperative victims or witnesses, flawed procedures, and various reasons. Suing the county, the police, or any other government agency is another matter, and I would recommend that you talk to a civil rights attorney.These two claims for assault and battery and false arrest and imprisonment and malicious prosecution arose out of the same episode and were tried together. The police take the report and submit it to the prosecutor's office, which issues a warrant for your arrest. You get arrested and demand a trial. Cases of wrongful arrest vary from one situation to another. Generally, here are the most common types of wrongful arrest cases. The short answer is the police cannot just ignore a complainant, so they have probable cause to arrest, even if the charge ultimately does not stick. Resisting an Unlawful or Illegal Arrest in New Jersey. The Law Offices of Jonathan F. Marshall is available to assist you.