NYC False Arrest Lawyer

At Sivin, Miller & Roche, LLP, we understand a false arrest’s profound impact on your life. Being wrongfully detained not only infringes upon your freedom but can also lead to significant emotional distress, damage to your reputation, and financial hardship. Our dedicated team of false arrest lawyers has experience defending the rights of those falsely arrested, ensuring that justice is served, and holding accountable those who misuse their power.

What is False Arrest?

False arrest, a critical concern within the realm of civil rights law, occurs when an individual is taken into custody without legal justification. This act violates the Fourth Amendment of the U.S. Constitution, which safeguards individuals against unreasonable searches and seizures, ensuring that arrests are made only upon probable cause supported by oath or affirmation.

Legal Definition of a False Arrest

Legally, a false arrest is defined as the detention of a person without warrant or probable cause. Probable cause exists when law enforcement has a reasonable basis to believe that the person has committed a crime. Without this foundation, any arrest made can be considered unlawful, subjecting the arresting party to legal action for damages.

Common Causes of False Arrests

False arrests can stem from various situations, including, but not limited to:

• Mistaken Identity: The police arrest the wrong person due to a misunderstanding or misidentification.
• Insufficient Evidence: Law enforcement officers make an arrest based on insufficient or fabricated evidence.
• Misuse of Power: Authorities may arrest individuals without following proper legal procedures, often influenced by personal bias or abuse of power.
• Failure to Follow Proper Legal Procedures: This includes not obtaining a necessary warrant or not having just cause to believe the individual has engaged in criminal activity.

Implications for Victims

The consequences of a false arrest extend beyond the immediate loss of freedom. Victims may experience:

• Emotional Distress: The trauma of being unjustly detained can lead to long-term psychological effects, including anxiety, depression, and post-traumatic stress disorder (PTSD).
• Reputational Damage: Public records of the arrest can harm the individual’s reputation, affecting personal relationships, employment opportunities, and community standing.
• Financial Strain: Legal fees, lost wages, and other expenses related to defending oneself against a false arrest can impose significant financial burdens.

Constitutional Protections

The U.S. Constitution provides robust protections against false arrests:

• Fourth Amendment: Protects against unreasonable searches and seizures, requiring probable cause for arrest.
• Fourteenth Amendment: Ensures equal protection under the law, prohibiting arrests based on discriminatory practices.

Victims of false arrest have the right to seek justice and compensation for their suffering. Legal recourse includes filing a lawsuit against the arresting officers or the police department for damages related to the unlawful detention.

How Our NYC False Arrest Lawyers Can Assist You

At Sivin, Miller & Roche, LLP, we have experience defending the rights of individuals wrongfully arrested in New York City. Our dedicated team of false arrest lawyers understands the significant impact a wrongful arrest can have on your life, and we are here to help. Here’s how our experience can be invaluable in your fight for justice:

Provide Experienced Legal Guidance

Our team deeply understands both state and federal civil rights laws pertaining to false arrests. We offer experienced legal guidance, helping you navigate the complexities of the legal system while ensuring that your rights are protected every step of the way.

Conduct a Thorough Case Evaluation

We begin by conducting an in-depth evaluation of your case, examining the circumstances of your arrest and the evidence used against you. This critical first step allows us to build a strong foundation for your defense, identifying key areas where your rights may have been violated.

Gather and Analyze Crucial Evidence

Our civil rights lawyers are skilled in collecting and analyzing evidence supporting your wrongful arrest claim. From surveillance footage to witness statements and police reports, we meticulously gather the necessary proof to challenge the legality of your arrest and demonstrate your innocence.

Represent You in Legal Proceedings

Whether your case is resolved in or out of court, our false arrest lawyers will represent you throughout the entire legal process. We are committed to presenting a compelling argument on your behalf, advocating for your rights, and seeking the justice you deserve.

Negotiate Fair Settlements

Many false arrest cases are settled before they reach trial. Our experienced negotiators strive to secure a fair settlement that compensates you for your damages, including emotional distress, reputational damage, and financial losses.

Advocate for Your Rights and Dignity

Beyond seeking financial compensation, we aim to uphold your rights and dignity. We are dedicated to holding the responsible parties accountable for their actions and advocating for systemic changes that prevent future wrongful arrests.

Offer Support and Reassurance

We understand the emotional toll a false arrest can take. Our team provides legal support and emotional reassurance throughout this challenging time, ensuring you feel supported and understood.

Your Rights Matter: Let Us Help

If you’ve experienced a false arrest in NYC, you don’t have to face the aftermath alone. Sivin, Miller & Roche, LLP is here to support you, offering the legal experience and compassionate guidance you need to overcome this injustice. Contact us today to schedule a consultation and learn more about how we can assist you in your fight for justice.

What To Do If You Are Falsely Arrested in NYC

If you find yourself falsely arrested in New York City, the steps you take immediately following your arrest can significantly impact the outcome of your situation. Here’s a guide on what to do if you’re faced with this distressing circumstance:

1. Remain Calm and Compliant

• Stay Calm: It’s crucial to remain calm and composed, even though being falsely arrested is stressful and upsetting. Panicking or acting aggressively can worsen your situation.
• Comply with Police Instructions: Follow the officers’ instructions without resisting arrest. Resisting can lead to additional charges, even if the original arrest is proven to be wrongful.

2. Exercise Your Right to Remain Silent

• Invoke Your Rights: Politely inform the arresting officers that you wish to remain silent and will not answer any questions without a lawyer present. Anything you say can be used against you in court.

3. Do Not Consent to Searches

• Protect Your Privacy: Unless officers have a warrant or there are exigent circumstances, you have the right to refuse consent to searches of your person, belongings, or property.

4. Demand Legal Representation

• Ask for a Lawyer: Demand to speak to a lawyer as soon as possible. You have the right to a court-appointed attorney if you cannot afford one. Do not discuss your case with anyone until you consult your lawyer.

5. Document Everything

• Gather Evidence: Memorize the officers’ names, badge numbers, and patrol car numbers. Note the time, location, and any witnesses to your arrest. Write down everything as soon as you can.
• Preserve Physical Evidence: If any physical evidence could prove your innocence or the illegality of your arrest, ensure it is preserved. Inform your lawyer about this evidence.

6. Do Not Sign Any Documents Without Your Lawyer

• Avoid Making Statements: Do not sign any statements or documents presented by the police without consulting your lawyer, even if they promise it will lead to your release.

7. Seek Medical Attention if Needed

• Document Injuries: If you’re injured during the arrest, seek medical attention immediately. Ensure all injuries are documented, as they could be crucial evidence in your case.

8. Contact a False Arrest Lawyer

• Experienced Legal Assistance: Contact a false arrest lawyer with experience in false arrests and civil rights violations after being released. They can guide you through the process of challenging the arrest and seeking compensation for any harm you suffered.

9. File a Complaint

• Report Misconduct: If you believe your rights were violated, consider filing a complaint with the police department’s internal affairs division or the local civilian complaint review board. Your lawyer can advise you on the best course of action.

10. Stay Informed and Engaged

• Understand Your Case: Keep in communication with your civil rights lawyer and stay informed about the developments in your case. Attend all legal appointments and follow your civil rights attorney’s advice.

Being falsely arrested by NYC police officers can be a traumatic experience, but taking the right steps can protect your rights and help ensure that justice is served. Remember, the most critical step is to secure legal representation from an experienced false arrest attorney in NYC, who can navigate the complexities of the legal system and work towards a favorable outcome for your case.

Damages You Can Pursue in a False Arrest Lawsuit

In a false arrest lawsuit, the plaintiff can pursue various types of damages to compensate for the harm suffered due to the wrongful arrest. These damages are intended to provide financial compensation and address the broader impact on the plaintiff’s life, reputation, and emotional well-being. Here are the main categories of damages typically pursued in false arrest cases:

Compensatory Damages

Compensatory damages are intended to make the plaintiff “whole” again by financially addressing the losses and harm suffered. These can include:

• Economic Damages: Cover out-of-pocket expenses directly related to the false arrest, such as bail costs, legal fees, lost wages from missed work, and any other financial losses incurred.
• Non-Economic Damages: Compensate for non-monetary harm such as pain and suffering, emotional distress, humiliation, damage to reputation, and loss of enjoyment of life. These damages recognize the psychological and emotional impact of the false arrest.

Special Damages

Special damages are a subset of compensatory damages that cover specific financial losses. These are quantifiable costs the plaintiff has incurred or will incur in the future due to the false arrest, such as ongoing therapy costs, future lost earnings (if the arrest impacts the plaintiff’s ability to earn a living), and any medical expenses related to injuries sustained during the arrest.

Punitive Damages

Punitive damages are not awarded in every case but can be pursued if the conduct of those responsible for the false arrest was particularly egregious or malicious. These damages are intended to punish the wrongdoer and deter similar conduct in the future. They are awarded in addition to compensatory damages and are based on the severity of the misconduct rather than the plaintiff’s specific losses.

Nominal Damages

Nominal damages may be awarded when a false arrest occurred, but the plaintiff did not suffer any significant harm or financial loss that needs to be compensated. These damages are typically a small, symbolic amount, acknowledging that the plaintiff’s rights were violated even if the violation did not result in substantial damages.

Statutory Damages

In some jurisdictions or under certain statutes, plaintiffs may be entitled to statutory damages. These are preset amounts specified by law that a plaintiff can recover in a false arrest case, regardless of the actual harm suffered. Statutory damages are not available in all cases and depend on the specific laws applicable to the case.

Loss of Consortium

In cases where the plaintiff’s relationships with their spouse or family members have been negatively impacted due to the false arrest, they may be able to claim damages for loss of consortium. These damages compensate for the loss of companionship, affection, and support suffered by the plaintiff’s close relatives.

Legal Costs and Attorney’s Fees

In some false arrest cases, plaintiffs may also be able to recover the costs associated with pursuing the lawsuit, including attorney’s fees. This can significantly reduce the financial burden on the plaintiff and encourage individuals to seek justice for wrongful arrests.

When pursuing a false arrest lawsuit, working with an experienced attorney who can accurately assess all possible damages and build a strong case to ensure you receive fair compensation for the injustices you’ve endured is essential.

Why Choose Sivin, Miller & Roche, LLP?

• Experience: Our false arrest attorneys bring years of experience in civil rights law, specifically focusing on false arrest cases.
• Personalized Attention: We understand the personal nature of false arrest claims and provide compassionate, individualized service to each of our clients.
• Results-Driven: Our firm is dedicated to achieving results that matter to our clients, fighting tirelessly to ensure justice is served.

Stand Up for Your Rights: Contact Us Today

If you or someone you know has been the victim of a false arrest, you don’t have to face the aftermath alone. At Sivin, Miller & Roche, LLP, we specialize in defending the rights of those unjustly detained, fighting tirelessly to secure the justice and compensation you deserve. With a proven track record in civil rights litigation, our dedicated team is here to guide you through every step of the legal process. Don’t let a false arrest define your future.

Contact us now to schedule a consultation and take the first step towards reclaiming your rights and your life.

False Arrest Lawyer FAQs

How do I know if my arrest was false?

Your arrest might be considered false if you were detained without probable cause, meaning there was no reasonable basis to believe you committed a crime. If you were arrested without a warrant and no exceptions to the warrant requirement applied, your arrest could also be deemed false.

What should I do immediately after a false arrest?

Remain calm, do not resist arrest, and invoke your right to remain silent and to an attorney. Document everything about the arrest as soon as possible, including the officers involved, the location, and any witnesses. Seek legal representation from a qualified false arrest lawyer promptly.

Can I sue for a false arrest?

Yes, if you were falsely arrested, you could sue for damages. This lawsuit can be directed against the police department, the municipality, or the individual officers involved. A successful suit may result in compensation for damages such as legal costs, lost wages, and emotional distress.

What types of damages can I recover in a false arrest lawsuit?

You may be eligible to recover compensatory damages (economic and non-economic), punitive damages (if applicable), and, in some cases, statutory damages. These can cover a range of losses, including but not limited to, legal fees, medical expenses, lost earnings, and pain and suffering.

How long do I have to file a lawsuit for a false arrest?

The statute of limitations for filing a false arrest lawsuit varies by jurisdiction. It’s crucial to consult with a false arrest lawyer as soon as possible to ensure your claim is filed within the legal time frame, typically ranging from one to three years from the date of the arrest.

Why do I need a lawyer for a false arrest case?

A false arrest lawyer specializes in civil rights and can navigate the complexities of your case, ensuring your rights are protected. They can help gather evidence, represent you in court, negotiate settlements, and strive for the maximum compensation for the injustice you’ve endured.

How do I choose the right false arrest lawyer?

Look for a lawyer with experience in false arrest cases and a track record of successful outcomes. Consider their reputation, client testimonials, and your comfort level with them during a consultation. It’s important to choose someone who is not only knowledgeable but also committed to advocating for your rights.

Will my false arrest case go to trial?

Many false arrest cases are settled out of court. However, your case may go to trial if a satisfactory settlement cannot be reached. An experienced lawyer will prepare your case for trial while continuing to negotiate for a fair settlement.

How much will it cost to hire a false arrest lawyer?

Many false arrest lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage of the settlement or award. Discuss payment structures during your initial consultation to understand how your lawyer charges.

For personalized guidance and to explore your legal options following a false arrest, contact Sivin, Miller & Roche, LLP. Our experienced team is dedicated to protecting your rights and securing the justice you deserve.