Brooklyn False Arrest
A false arrest occurs when the police arrest someone without having the legal authority to do. In other words, contrary to what some might believe, the police do not have the authority to arrest someone simply because they have a badge. There are rules that police must follow for everything they do, including making arrests. The law requires that the police must have probable cause that the person committed a crime or is about to commit a crime. If the police do not have probable cause, even if they have a “gut feeling” that the person is “up to no good,” they cannot legally arrest the person. In fact, if they make the arrest without probably, the arrest would be unlawful, and the officer may be liable for damages to the person arrested. If you were arrested even though the police officer did not have probable cause, contact the experienced Brooklyn false arrest lawyers at Stephen Bilkis & Associates. We are committed to fighting for the rights of the victims of police misconduct.Arrest and Probable Cause
One of the powers of the police and other law enforcement officers is the power to arrest and take into custody those who have committed crimes. However, there are rules related to the circumstances under which they can lawfully arrest someone. The police can legally arrest someone if they have probable cause and probable cause exists if one of the following circumstances is present:
- The person is hindering a police investigation.
- They have good reason to believe that the person is a criminal fleeing the scene of a crime.
- They have good reason to believe that the person committed a crime or is about to commit a crime.
- They have a valid arrest warrant.
If none of these circumstances existed when you were arrested, then you should immediately retain an experienced Brooklyn false arrest lawyer as it is possible that your legal rights were violated, and you may be entitled to substantial compensation.Damages
If the police committed misconduct by arresting you without an arrest warrant and without probable cause, you have the right to take action in court to hold the officer as well as the department accountable for their actions. You can demand compensation for the following losses:
- Lost wages. If you are in jail because you were falsely arrested, you cannot work. In a civil claim, you can demand payment for the paychecks you lost due to the police misconduct. Lost wages is not restricted to lost paychecks. It is also the value of the sick days, vacation, and paid leave that you used while in jail or while otherwise dealing with the fallout of the false arrest. As an experienced false arrest attorney serving Brooklyn will explain, it is also lost bonuses and other lost compensation and opportunities at work.
- Loss of future earnings or opportunities. An arrest can also impact the ability of the victim to get a job or advance in their career as an arrest record may cause employers to pass. Thus, the victim can demand compensation for diminished future earnings potential or loss of future opportunities.
- Emotional suffering. It is easy to see that a false arrest could lead to emotional trauma. Evidence of emotional trauma may come from testimony from family and friends as well as medical records from a therapist.
- Medical bills. While victims of false arrest do not always suffer physical personal injury (link to: ), some do. In some instances the personal injury results from the use of excessive force by law enforcement during the arrest or while the person is in custody. In other cases it results from an assault by another inmate.
The experienced false arrest attorneys in Brooklyn at Stephen Bilkis & Associates fight tirelessly for victims of false arrest and other police misconduct. If you believe that your arrest was unlawful, contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We will work hard to ensure that your rights are protected. We represent victims of police misconduct in Brooklyn, Queens, Long Island, Staten Island, Manhattan, Bronx, Nassau County, Westchester County, and Suffolk County.