New York City False Arrest Attorney

Being arrested can be a humiliating experience. Your freedom is snatched from you instantly and you may be subject to degrading treatment and conditions of confinement. Under the Fourth Amendment you may not be arrested unless there is probable 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 false arrest under Federal and state law. These damages include:

  • Loss of liberty
  • Emotional distress
  • Psychological injuries
  • Humiliation
  • Economic losses
  • Physical Injuries

However, in order to successfully press a claim for damages for false arrest, there are things you should know. 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 are 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 bring a false arrest claim. This means that if you have been arrested and ultimately released without charges, you still may have a 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 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 false arrest.

Just because your case was dismissed, do not think your false arrest claim will 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 and 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 and experienced team of litigators who know the system and the adversary process inside and out. Having this will give you a distinct advantage and can turn a difficult, overwhelming case into a highly successful and lucrative victory for you in the end.

Act fast and call false arrest attorneys to get the money you deserve

By hiring Cohen & Fitch LLP you are getting an edge. Both partners are former prosecutors with over thirty (30) years of combined experience with law enforcement and the criminal justice system. The firm has a long track record of obtaining money for their clients whose civil rights have been violated at the hands of the NYPD and will fight tirelessly to level the playing field and get you the justice you deserve. If your rights have been violated, do not let any time go to waste and risk missing your opportunity to get the justice you deserve. Act now and call 212 BAD COPS or 718 COP STOP today for a free case evaluation from Cohen & Fitch LLP.

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