Attorneys For False Arrest in New York
Seek Justice From the NY Police Department
One of the fundamental concepts of civil rights in the United States is
the idea that citizens cannot be arrested or detained without probable
cause. However, there is a human element in the administration of justice,
and sometimes police officers abuse their authority and unlawfully arrest
and detain innocent civilians. If you have been the victim of a false
arrest or a false imprisonment, you should speak with one of the New York
civil rights lawyers at
Belushin Law Firm to discuss filing a claim for false arrest.
What is a False Arrest?
An officer has the right to arrest citizens if they have an arrest warrant
or probable cause to believe that the individual has committed a crime.
There are some specific exceptions to this rule, such as if a suspect
is running away or other indigent circumstances, but for the most part,
an officer needs probable cause or a warrant.
If these elements are not met and an individual is arrested on a bogus
suspicion and detained, only to have the case dismissed, then the person
in question has been a victim of a false arrest. In these cases, you may
be able to sue the NYPD.
Falsely Arrested in a Motor Vehicle Stop
Often times, a false arrest in New York can include a motor vehicle stop.
If an individual is falsely arrested after a motor vehicle stop, there
needs to be probable cause to have stopped the individual in the first
place. If the person did not violate any traffic laws but was still subsequently
arrested, he or she may be able to
file a claim for compensation for police wrongful arrest and unlawful imprisonment
in New York.
What Occurs in a False Imprisonment?
False imprisonment is similar to false arrest, but it includes being illegally
held or detained against one’s will. In false imprisonment cases,
similar elements are applied when a person is illegally imprisoned by
an agent of the government. Agents of the government can include police
officers, city and town officials, or any other government employee who
has the power to detain a citizen.
When a citizen is wrongfully detained by the police against his or her
will, they may be able to file a claim for compensation for false imprisonment.
One of the experienced Brooklyn false imprisonment attorneys with Belushin
Law Firm can assist you with your claim. It is important to remember that
when a private citizen is suing a government agent for damages, there
are special rules and time frames for filing your claim.
free case consultation today when you call 888-918-9890
False Imprisonment by Private Security
False imprisonment can also occur in the private sector. Private companies
and private individuals can all be liable for detaining a person without
their consent. One of the more common sources of private false imprisonment
is private security detail. Private security is utilized at hotels, shopping
centers, concerts, nightclubs, bars, fairs and festivals, and many other
types of public events or public places that are privately owned and operated.
Private security teams have the right to detain individuals who have committed
a crime, but they cannot unreasonably restrain or detain people without cause.
If you have been unreasonably imprisoned by a private security officer,
you may have the right to bring a false imprisonment claim against the
company that detained you. A Manhattan false imprisonment attorney can
help you determine your legal right to bring a NY false imprisonment lawsuit
against the company that held you against your will.
Hold the NYPD Accountable for False Arrests
Reasons for false arrest and false imprisonment are very difficult to ascertain.
Some attorneys speculate that officers wrongly arrest and detain individuals
due to race, age, or other types of profiling. In other cases, a wrongful
arrest or wrongful imprisonment can be the result of
police negligence that caused a mistaken identity. Most of the time, however, the victim
of a false arrest or false imprisonment never fully understands why he
or she was targeted by the police.
Regardless of the underlying reason, falsely arresting and falsely imprisoning
innocent civilians is wrong and
any officer who does so should be held accountable. If you have been falsely arrested or falsely imprisoned, you should speak
with a New York City lawyer who handles false arrest claims to make sure
your legal rights are protected and that you receive a false arrest settlement
to compensate you.
We Can Seek Justice for Your False Arrest in NY
In a false arrest claim or a false imprisonment claim,
damages can be awarded to compensate the citizen for the ordeal they suffered as a result of their negligent arrest and negligent detention. A false
arrest lawsuit or false imprisonment lawsuit is a civil claim, which compensates
the plaintiff with a monetary settlement. The average settlement for a
New York false arrest claim compensates the victim for the time spent
away from their family and for the emotional distress they endured while detained.
Many of these claims can settle outside of court without a length trial
if the victim has retained experienced legal counsel. If you were falsely
arrested or falsely imprisoned, you should make sure you are not taken
advantage of - call a Brooklyn personal injury attorney who can stand
up for your rights in court and fight to ensure you are compensated for
your ordeal. Remember that when filing a claim against a government agency,
even a small city or town police force, there are strict deadlines for
notifying them of your claim. An experienced attorney can handle these
procedures for you and make sure you are able to file your lawsuit.
If you were subject to a false arrest or a false imprisonment and you would
like to know more about New York false arrest law and imprisonment law,
call Belushin Law Firm for your free evaluation today.