Nassau County False Arrest
Police misconduct occurs when a law enforcement officer violates departmental protocol and the civil rights of a civilian. There are many types of police conduct, including false arrest. A false arrest occurs when the police arrest someone without a warrant and without probable cause. Victims of false arrest suffer humiliation and abuse. Understandably, victims of false arrest suffer emotional damage and in some cases they are physically injured. While victims of false arrest often feel helpless, they do have the right to demand justice for the actions of the officers who falsely arrested them and to demand compensation. If you believe you were wrongfully arrested, contact the Nassau County false arrest lawyers at Stephen Bilkis & Associates to discuss the facts of your case. We have the experience and legal knowledge to determine whether an arrest was lawful or not.Probable Cause
Under both New York law and federal law, citizens have the right to not be arrested unless there is probable cause. The purpose of the probable cause standard is to prevent the police from overstepping and arresting people for unlawful reasons such as based on racial profiling, based on their presence in a high crime area, based on their prior criminal record, or for personal reasons. Instead, before making an arrest, the police must have probable cause to do so. This means that they must have some evidence that leads to a reasonable belief that the person has committed a crime. Sadly, there have been cases in which police officers actually planted evidence in order make it appear as if the arrest was lawful.
Another option for the police is to go to a judge and secure an arrest warrant. Getting an arrest warrant is not a way to circumvent the probable cause requirement. A judge will not sign an arrest warrant unless the police sign an affidavit indicating that they have probable cause. Providing false information to secure a warrant would be police misconduct and evidence supporting that the arrest was wrongful. There have been cases where the police have exaggerated what they observed or otherwise fabricated evidence in order to secure an arrest warrant.
With the help of an experienced Nassau County false arrest lawyer, if you were falsely arrested, you can file a claim against not only the arresting officer, but also against the law enforcement agency that employs the officer.Damages
Falsely arresting someone is outrageous behavior. Those who engage in that type of behavior must be held accountable. Through a civil lawsuit, police officers can be required to answer for their actions and be required to compensate their victims for economic damages, non-economic damages, and punitive damages.
Economic damages can include lost wages, lost benefits, diminished future earning potential, and medical expenses. Non-economic damages can include pain and suffering, and damage to the victim’s emotional well-being.
Punitive damages are awarded in cases where the court finds the actions of the defendant to be particularly outrageous. As an experienced false arrest attorney in Nassau County will explain, in a false arrest case, punitive damages are often awarded. They are likely to be awarded particularly if the law enforcement officers engaged in behaviors such as planting evidence to justify the arrest or otherwise fabricated evidence to secure an arrest warrant. Punitive damages would not only punish the officer who engaged in such outrageous conduct, but are designed to discourage other officers from abusing their authority. When awarded, punitive damages often make up a substantial portion of the total damages awarded.Contact Stephen Bilkis & Associates
If you were the victim of police misconduct involving a false arrest, an experienced false arrest attorney serving Nassau County at Stephen Bilkis & Associates can help you file a false arrest claim and pursue monetary damages. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent victims of police misconduct in Nassau County, Westchester County, Manhattan, Brooklyn, Queens, Staten Island, Bronx, Suffolk County, and Long Island,