There are few feelings that compare to the frustration and stress of a false arrest. If police charge you for a crime you did not commit, then you may lose all faith in the legal system.
Fortunately, New York laws and the U.S. Constitution protect citizens who have been wrongfully detained by police. There is no doubt about it: If you have been falsely arrested, then police have infringed upon your rights.
As a victim of false arrest, you can sue the police for blatant misconduct. However, these cases are often difficult to prove, which is why the guidance of a lawyer may prove invaluable
If you would like to speak with a New York City criminal attorney who will aggressively defend your rights, contact Goldberg & Allen, LLP. Your first consultation is free. To start planning your case, call our office today at 212-766-3366.
In the meantime, read on to learn more about false arrest in New York:
What Constitutes a False Arrest?
No one wants to be arrested, but there are several differences between a false arrest and an arrest that involves reasonable suspicion. A false arrest occurs when police detain a person despite a lack of proper legal authority.
What Are My Rights during a False Arrest?
False arrest cases go straight to the heart of the U.S. Constitution. Under the Fourth Amendment, according to Uscourts.gov, you are legally protected from unreasonable seizure. It is the burden of the police to demonstrate that there was a legally justifiable reason for your arrest.
This justifiable reason is often known as “probable cause.” This does not require that you actually commit a crime – only that there was sufficient reason for the officers to arrest you.
Even if you did not commit a crime, there may still have been a legitimate reason for the arrest. It may seem like proving false arrest is difficult – and it often is. Read on to learn more about this process.
Fighting a False Arrest
Fighting a false arrest in court is a completely different experience than, for example, disputing a traffic ticket. In most cases, you will have to file a lawsuit and show that the police lacked probable cause to arrest you. This typically involves a thorough review of the course of events. A successful case requires clear evidence of police misconduct.
An experienced attorney can represent you during these proceedings. Your lawyer can gather evidence related to your arrest and scrutinize the arresting officer’s history. Any previous complaints against the officer for false arrest may strengthen your case.
If you believe that police arrested you without probable cause, then Goldberg & Allen, LLP is ready to help. We will evaluate your case and explain the laws that could affect the outcome.
We have helped clients successfully sue for false arrest and win. To find out if you may have a case, schedule a free consultation by calling our office at 212-766-3366.