Suffolk County False Arrest
Police officers are responsible for enforcing laws. In doing so, they must take into custody those they believe to have broken a law. However, when making arrests and taking suspects into custody, police officers must follow department procedure and abide by the law. Failure to do so would be a violation of the civil rights of the person arrested. It would also open the arresting officer to civil liability. Victims of false arrest may feel helpless and believe that there is nothing they can do. That’s not the case. Victims can pursue legal action against the arresting officer to hold that officer accountable and help prevent the same type of behavior in the future. If you have been arrested and believe that it was an unlawful arrest, contact the experienced Suffolk County false arrest lawyers at Stephen Bilkis & Associates. We understand that being falsely arrested is an incredibly frustrating and traumatic experience. We are here to listen to what happened to you and discuss options about what to do next.Probable Cause and False Arrest
If you have been falsely arrested, you may feel frustrated and helpless. It may seem as if there is nothing that you can do and that it is impossible to challenge the authority of the police to do anything they want to do. However, the police do not have the right to do anything they want to do. They do not have the right falsely arrest people. Falsely arrest people is against department rules and is a type of police misconduct.
As an experienced Suffolk County false arrest lawyer will explain, falsely arresting someone is also a violation of that person’s rights, entitling them to pursue a legal claim. To prevail in a false claim and to recover damages, you must able to show the 4 elements of a false arrest claim:
- That you were arrested by law enforcement
- That you knew you were arrested
- That you did not consent to being arrested
- That you were not lawfully arrested.
While the first 3 elements of false arrest are important, the 4th element can be the most challenging one to prove. You must show that the police did not have privilege to arrest you. Generally, this means that you must show that they did not have probable cause. Probable cause requires that the arresting authority had reason to believe that you had committed a crime, was in the process of committing a crime, or was about to commit a crime. Otherwise, the police would have needed an arrest warrant. If they did have probable cause or an arrest warrant, they would have a complete defense to a claim of false arrest.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.
False arrest claims can be complicated, requiring an understanding of New York criminal law, civil rights law, and personal injury law. They are best pursued with the help of an experienced false arrest attorney in Suffolk County. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We are here to fight for you. We represent victims of police misconduct in Suffolk County, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Manhattan.