Long Island False Arrest
Being arrested is scary and dehumanizing. If the police have no legal reason to arrest you, the experience can also be frustrating and disturbing. The reality is that it is not uncommon for the police to arrest people when they do not have the legal right to do so. There are rules related to the circumstances under which someone can get arrested. If those circumstances are not present, not only would the officers have broken departmental rules, making them subject to discipline, they would have also violated the civil rights of the person they arrested, making them subject to a civil lawsuit. If you were falsely arrested, you may be entitled to compensation. Contact an experienced Long Island false arrest lawyer at Stephen Bilkis & Associates to discuss your case. We are committed to helping victims of police misconduct seek the justice they deserve.False Arrest
To have a claim for false arrest, you must be able to show that you were in fact arrested and that there was no probable cause. The following are the elements of false arrest.
- The police arrested the person. This means that the police officer had the intent to arrest or confine the person.
- The person was aware that they were arrested or confined. If the person was not aware that they could not leave whenever they wanted, then they would not have a claim for false arrest.
- The person did not consent to the confinement. If a person walks into a police station and turns themselves in, they would have consented to confinement and would not have a claim for false arrest.
- Arrest must not have been privileged. Law enforcement has the right to arrest someone only if there was probable cause. In other words, probable cause is a complete defense to a claim of false arrest. Probable cause is present if the police officer had a reasonable belief that the person committed a crime or was about to commit a crime. The police can also lawfully arrest someone if they secured a lawful arrest warrant.
If you were arrested and all the elements of false arrest existed, contact an experienced Long Island false arrest lawyer to discuss your options for pursuing a civil claim against the arresting officer and the government agency that employs the officer.Civil Liability
False arrest is a type of police misconduct just like excessive force or coercing a confession. Police officers who commit misconduct should be punished by their department. In some instances, they should also face criminal charges. Furthermore, they should also be held civilly liable and should be required to pay their victims damages.
If you were falsely arrested, contact an experienced false arrest attorney serving Long Island, to help you file a claim against officers involved in your false arrest as well as against the NYPD or other law enforcement agency involved. Note that suing the government entity such as the NYPD is not the same as suing a private citizen. There are special procedures that must be followed, including adhering to a relative short timeframe for filing a claim.
When filing a claim, you can demand damages for the losses you suffered including:
- Lost wages and loss of future earning potential
- Loss of opportunities
- Medical expenses
- Pain and suffering
- Emotional trauma
In addition, you can demand compensation for punitive damages to punish those involved for their outrageous behavior and to discourage other law enforcement officials from future misconduct.Contact Stephen Bilkis & Associates
If you believe that you or someone you love was falsely arrested, detained, or jailed, don’t take on the government alone. Contact the experienced false arrest attorneys serving Long Island at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. With over 20 years of experience, we are here to help. We represent victims of police misconduct in Long Island, Manhattan, Brooklyn, Queens, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.