New York False Arrest
Being arrested by the police is a scary, humiliating thing to experience. It is also time-consuming and, frankly, it is inconvenient. It is even more scary and frustrating if there is no basis for the arrest. While police officers are only supposed to arrest people when they have probable cause, far too often people are arrested without probable cause. Making a false arrest is a type of police misconduct. Police who engage in misconduct should be held accountable. If you or someone you care about has been falsely arrested, immediately contact an experienced New York false arrest lawyer at Stephen Bilkis & Associates to discuss your case. While many police misconduct cases involve victims who suffered physical personal injury, physical injury is not necessary to file a claim against the police for misconduct and receive damages.Probable Cause
Probable cause is a legal term that means that the officer has a reasonable belief that the suspect has committed a crime. If the police do not have a reasonable belief that the person has committed a crime or knows that the person did not commit a crime, but arrest the person anyway, the officer would have made a false arrest. As an experienced New York false arrest lawyer can tell you, while not dispositive, an indication that the officer lacked probable cause to arrest you is that the charges against you were dismissed or that the District Attorney declined to charge you.
The police can also arrest a suspect if they have an arrest warrant. However, the probable cause requirement still applies. In order to get an arrest warrant, the police must demonstrate to the judge that they have probable cause to make the arrest. This means that they must recite to the judge sufficient facts to establish probable cause. With an arrest warrant in hand, the police have the right to make the arrest. If they do not have an arrest warrant, the police can only make an arrest if:
- They have probable cause to believe that the person committed a crime or is attempting to commit a crime
- They reasonably believe that the person is a criminal trying to flee the scene of a crime
- The person is impeding a legitimate police investigation or arrest
If you were falsely arrested, with the help of an experienced false arrest attorney serving New York, you can file a claim against the arresting officer and perhaps the department for violating your civil rights as well as for personal injury. You can demand compensation for your losses.
While a person who is arrested falsely may not necessarily suffer losses related to physical injuries, they may suffer psychological damages and other financial losses.
- Lost wages. If a victim of false arrest is held in jail for a period of time, even a short period of time, they may suffer lost wages as they are not able to go to work. They may even lose their jobs if they are held for an extended period or if their employer learns that they are in jail. The victim can sue for lost wages, lost benefits, and any other substantiated employment-related losses.
- Loss of future earnings or opportunities. In addition, an arrest record, even if the arrest is later determined to have been unlawful, can still impact a victim’s ability to find employment or advance in their career.
- Emotional suffering. Being falsely arrested, thrown in jail, and having to deal with the criminal justice system can be emotionally damaging. The victim can demand compensation for the emotional suffering.
- Medical bills. If the victim did suffer physical injury during the arrest process or before being released, they can demand compensation for medical bills related to those injuries.
If you suspect that you were the victim of false arrest, you may be entitled to significant compensation. Contact an experienced false arrest attorney in New York at Stephen Bilkis & Associates. With over 20 years of experience representing victims, we are here to help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent victims of police misconduct in Manhattan, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.