Attorneys For False Arrest in New York

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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 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.


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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 New York City 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.

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