New York City False Arrest Lawyers
Falsely Arrested In New York City?
False Arrest • Racial Profiling • Unlawful Detention
Police misconduct does not always involve a physical injury. If you are a victim of false arrest, or if you are unfairly targeted for arrest through racial profiling, you may have a damages claim against NYC and the offending officers.
The attorneys of The Orlow Firm provide strong representation to victims of false arrest and unlawful detention throughout the New York City area, including The Bronx, Brooklyn, Manhattan, and New York City. Our attorneys are thoroughly versed in the laws concerning police misconduct, racial profiling, and individual civil rights.
What is False Arrest?
Police may not arrest an individual, seize property relating to an alleged crime, or conduct a search of a person or premises without probable cause. With proper authority, police can be said to have adequate reason to conduct a search, an arrest or a seizure of property. Probable cause to arrest stems from an officer’s knowledge of facts and circumstances that would lead a reasonable person to believe that the suspect is committing, has committed, or is about to commit a crime. Probable cause may not arise simply from a police officer’s suspicion or hunch. Instead, it must be grounded in facts or circumstances that would cause a reasonably prudent person to believe:
- That the person to be arrested has committed the crime.
- That the place to be searched is the scene of a crime.
- That the place to be searched contains evidence of a crime.
- That the property to be seized is stolen, contraband, or otherwise constitutes evidence of a crime.
Lack of Probable Cause
Normally, police have legal authority to deprive a person of his or her freedom of movement. A police officer who arrests a person without probable cause or who knows the person to be innocent of criminal activity may be liable for false arrest. A person deprived of his liberty due to false arrest may also be wrongfully detained for a period of time. An individual who is falsely arrested may file a lawsuit against the arresting officer, the police department and the municipality for damages. Such damages may include mental distress, injury to reputation resulting in financial loss, and loss of salary while wrongfully detained .
Filing a Lawsuit
False arrest can be humiliating, emotionally devastating and expensive. However, holding a police officer liable for false arrest can be complicated. The police officer must have deliberately detained someone with no actual knowledge that the suspect committed a crime. Even arrests that turn out to be unjustified cannot be classified as false arrest if they were made with the proper legal authority. Allegations of false arrest should be carefully evaluated by a competent attorney who is familiar with the types of facts and damages involved in false arrest and other police misconduct cases.
If you or a loved one has been a victim of false arrest, contact the attorneys at The Orlow Firm for a free initial consultation. For your convenience, we maintain four offices throughout New York City. Call (646) 647-3398 or contact us online.
False Arrest and Unlawful Detention in NYC
By law, a police officer may only arrest or detain someone if they have probable cause. If no probable cause existed for the arrest or detention, the arrest constitutes a violation of your civil rights. You may be eligible for compensation for damages for humiliation in front of family and friends, confinement, excessive force, and even lost job opportunities or other damages that result from the false arrest.
If you do nothing, you can be sure that nothing will be done and that no record will be made of the false arrest. If you contact our law firm, our lawyers will notify appropriate authorities. If you contact our law firm, our lawyers will direct a complaint to the appropriate bodies including police internal affairs. In addition, we will aggressively pursue compensation for your damages.
Contact The Orlow Firm Today
If you are a victim of false arrest or racial profiling, it’s important to contact a lawyer immediately. You may only have ninety days from the date of the incident to file a notice of claim against the police department in order to preserve your right to sue. You do have rights! Contact The Orlow Firm to talk to a New York City false arrest attorney. Our qualified and experienced lawyers will offer a confidential and honest assessment of your case.
Call us at (646) 647-3398 or message us online.