New York City False Arrest Attorney

Being arrested can be a humiliating experience. When your freedom has been taken away from you that quickly, you could also be subject to degrading treatment and the horrible conditions that come with confinement. Under the Fourth Amendment, you may not be arrested unless there is probable or just cause to believe that you have committed – or are about to commit – a crime. If you have been arrested without probable cause, you are entitled to compensation for any damages suffered from a false arrest under Federal & State Laws. These damages include:

  • Loss Of Freedom
  • Emotional Distress
  • Psychological Injuries
  • Humiliation
  • Economic Losses
  • and Physical Injuries

However, in order to successfully submit a claim for any damages resulting from a false arrest, there are some things you should be aware of. First, an arrest occurs at the moment an individual’s liberty is restrained and they are not free to leave. This is true whether or not physical restraints – like handcuffs – are used, and whether or not actual law enforcement is involved. For example, you can be “arrested” if you are stopped by police and told not to leave while they write out a summons even if you are not handcuffed. Similarly, you can also be “arrested” if you enter a store or other private business establishment and are then prevented from leaving by their employees or security guards. In either of these circumstances, both the police and private businesses need probable cause before they can restrain you.

In addition, while most arrests do result in criminal charges and prosecution, being charged criminally is not necessary for you to file a false arrest claim. This means that if you have been arrested and ultimately released without charges, you still may have the right to sue. However, if you are charged criminally, it is important to remember that a guilty plea will automatically forfeit your right to sue for any false arrest (even if you are not in fact guilty), but, if you do not plead guilty and your criminal charges end up in dismissal or acquittal, you can sue for your false arrest.

Even If your case was dismissed, submitting a false arrest claim might not be easy...

In fact, many individuals lose claims because they – and their attorneys – do not have a proper understanding of the many ways officers can establish probable cause to arrest or otherwise immunize themselves from damages. Others may not file claims because they are overwhelmed or demoralized by the process and feel intimidated by the prospect of suing police officers or government agencies. This is precisely why you need a knowledgeable & experienced team of litigators who know the system and the adversary process inside & out. Having this will give you a distinct advantage and can help turn a difficult or overwhelming case into a highly successful & lucrative victory for you in the end.

Act fast and get in touch with a quality false arrest attorney today!

By hiring Cohen & Fitch LLP you are already gaining an edge. Both of our partners are former prosecutors with over thirty 30 years of combined experience working with various law enforcement and the criminal justice system. Our firm has a long track record of obtaining restitution for their clients whose civil rights have been violated at the hands of the NYPD. We will tirelessly fight on your behalf to help level the playing field and get you the justice you deserve. If your rights have been violated, act now and call 212-BAD-COPS or 718-COP-STOP today for a free case evaluation from the legal experts here at Cohen & Fitch LLP.

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