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(347) 974-9434
Call:
(347) 974-9434
If you are the victim of false arrest, you are not alone
The state of New York’s “stop and frisk” policy enables law enforcement officers to stop and frisk individuals who they reasonably believe have committed a crime or are about to commit one.
What is Considered a Legal Arrest in New York City?
Law enforcement officers can legally arrest an individual if:
If you were arrested and the arresting police officer did not meet any of the above criteria, you should retain experienced legal representation as soon as possible.
The Law Surrounding False Arrest Cases
False arrest is a crime under New York State law and situations are covered by two laws.
The first law is Federal Law 42 U.S.C §1983 which gives people whose civil rights have been violated to have the ability to sue federal courts for the violation of their civil rights.
The second law involved in false arrests is the Fourth Amendment which states that there cannot bee any seizure of property or an arrest without probable cause. This basically means that the police must have probable cause to make the arrest.
Effects of NYC False Arrest Explained
Being arrested is a costly, time-consuming, stressful, and frightening experience, and this is especially true for innocent victims of false arrest.
If successful in your legal pursuit, you can recover compensation for the following types of damages
New York Police Brutality and Excessive Force Cases
Sometimes, the police may need to use force to keep the peace, restrain dangerous people, and protect their own lives. However, the use of excessive force by the police is against the law, and those who have been victims of police brutality must stand up and demand justice.
It is hard to determine what constitutes excessive force and each case is treated individually. Common examples of excessive force or police brutality are
Even if you’re convicted or charged, it is important to remember that excessive force and police brutality are not acceptable. Even though you are guilty of a crime, it does not necessarily mean that you deserve excessive force or any of its consequences. Many police officers engage in this type of misconduct because they know that the victim may be too embarrassed to speak up.
When do I Have a Case For False Arrest
False arrest cases are brought before civil courts, and they are not always easy. If the police can show that they have a reasonable cause to accuse you of being involved of a crime, you may not have a case for false arrest. Police officers also enjoy immunity from prosecution as long as their actions are performed within the scope of their job and were done under reasonable circumstances.
If you can prove that your arrest was discriminatory or malicious, it is important to seek the help of an experienced attorney who can help you navigate the intricacies of False Arrest in New York.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.