Criminal Defense Lawyers & Police Misconduct Attorneys

When Can You Sue the NYPD for False Arrest?

Reports of police brutality in the United States have been flooding the media lately, including increasing incidences of false arrests. While many law enforcement officials have only the best intentions of keeping their communities safe, a small percentage get overzealous when making arrests, which often leads to false-arrest claims against the entire police department.

Police Car Closeup on Door - Police Cruiser Wraps. Traffic Safety Photo Collection.

Police Car Closeup on Door – Police Cruiser Wraps. Traffic Safety Photo Collection.

 

If you think police have victimized you with a false arrest, we may be able to help. At Goldberg & Allen, LLP, we have extensive experience representing clients in high-profile cases against the city for both false arrest and police brutality. Call us today at 212-766-3366 to arrange an initial consultation with a criminal attorney in New York City, and read on for more information about false arrests:

Occupy Wall Street Lawsuit Results in Settlement

According to the National Police Accountability Project, the city of New York settled on a case earlier this year by paying more than $140,000 to three Occupy Wall Street protestors who filed the suit. One of the incidents occurred in September 2012, when two of the plaintiffs were carrying a banner in a protest march. An officer allegedly approached them and slammed into one of the protestors from behind, sending her tumbling the ground, where she hit her head.

Onlookers captured the aftermath of the incident on video. Another incident involving the third plaintiff occurred in October 2012. Police accused him of blocking traffic, but evidence later revealed that he was only standing in the street because police had forced him off of the sidewalk.

Police initially charged all three protestors with disorderly conduct. The court dismissed their cases.

Certain Circumstances Must Exist for an Arrest to Be Valid

These cases highlight the confusion in which many false arrests occur; however, law enforcement personnel can only make arrests under certain circumstances. First, the officer must have an arrest warrant. If the officer does not have an arrest warrant, he or she must have probable cause to believe that the suspect committed a crime.

If an officer arrested you without a warrant or sufficient evidence that you broke the law, you may have a valid case of false arrest against the police department. If police detained you only to have a judge dismiss the case because he or she found no probable cause for your arrest, you may have been the victim of false arrest, and you may be able to file a lawsuit against the NYPD.

If you think you may have been the victim of false arrest, you could benefit from speaking to a criminal lawyer in New York City. At Goldberg & Allen, LLP, we have handled a wide range of misdemeanor and felony cases. We can evaluate your situation to see if you were in fact a victim of false arrest. Call us today at 212-766-3366 to arrange an initial consultation with a qualified criminal attorney in New York City.

 

 

 

By |2017-08-31T17:43:48+00:00June 10th, 2015|Blog, Criminal Attorney|Comments Off on When Can You Sue the NYPD for False Arrest?

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