Queens False Arrest
Before a police officer can make an arrest, they must have probable cause. If they do not have probable cause, but make the arrest anyway, they would have violated the constitutional rights of the person they arrested. Furthermore, they may have engaged in police misconduct. Police officers who engage in misconduct area subject to being disciplined by the department. However, those who are the victims of misconduct, have the right to seek justice by filing a civil lawsuit against the officer and the NYPD or other law enforcement agency in order to demand compensation for the damages they suffered as a result of the misconduct. If you or someone you love was falsely arrested, immediately contact an experienced Queens false arrest lawyer at Stephen Bilkis & Associates. With over 20 years of experience successfully representing victims, we have the knowledge to help ensure that your rights are protected.Probable Cause
False arrest is a type of police misconduct. If you believe that your arrest was wrongful, you may be entitled to damages. However, you must first prove that there was no probable cause to arrest you as the presence of probable cause would be a complete defense to a false arrest claim.
Probable cause is a legal standard which allows police and other law enforcement officials to arrest suspects or secure a search warrant. The purpose of having the standard of probable cause is to prevent law enforcement from abusing their power and arresting people with little to no evidence. It also helps ensure that arrests are not made based on illegal practices such as racial profiling or out of vindictiveness.
Based on the Fourth Amendment of the US Constitution, probable causes requires that an arrest can only be lawfully made if the police reasonably believe that the suspect committed a crime. This belief must be based on some evidence such as the police witnessing the crime or a reliable source providing eyewitness evidence. The belief cannot be a mere unsupported hunch.
Those who are victims of false arrest may also have claims for other types of police misconduct or prosecutorial conduct. It is important to contact an experienced Queens false arrest lawyer to discuss what happened to you as cases of false arrest sometimes also involve malicious prosecution and other types of wrongdoing.Damages
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 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 have been falsely arrested or otherwise subjected to police misconduct, you have the right to file a civil rights claim against the responsible officer and law enforcement agency. Contact an experienced false arrest attorney in Queens at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent victims of police misconduct in Queens, Long Island, Manhattan, Brooklyn, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.