False arrest is unfortunately all too common in New York and throughout the US, but many people who experience this kind of misconduct from police are not fully aware of their rights. While you may know that you cannot be convicted of a crime that results from a wrongful arrest, the criminal proceedings are just one aspect of these matters. You can also bring a civil claim against the responsible party and/or entity, and may be able to recover compensation for your losses. An experienced New York civil rights and false arrest attorney can tell you more about your legal options, but some answers to common questions may be helpful.
When a law enforcement officer or other individual with legal authority arrests you without proper justification, the scenario is a false or wrongful arrest. You may be able to claim monetary damages if you can prove:
Both the Fourth Amendment to the US Constitution and the Bill of Rights within the Constitution of the State of New York include prohibitions on unlawful arrest. The language for these provisions parallel each other, essentially stating that you cannot be arrested unless authorities have probable cause.
The key in a claim for wrongful arrest is probable cause, which is one of the most complex issues in all of criminal law. Courts have been reviewing and developing the concept of probable cause in case law for generations, mainly because it is fact-specific. Probable cause may exist when the facts within the knowledge of law enforcement are such that there is a reasonable belief that criminal activity has been or is afoot. The core question for probable cause is what constitutes a reasonable belief.
There are three types of compensation you may be entitled to recover if you can prove wrongful arrest:
Speak with an Experienced New York Lawyer About Wrongful Arrest
For more information on false arrest, please contact the civil rights attorneys at Monarch Law Group to schedule a consultation at our Wall Street or Long Island, NY offices. We can review your circumstances, answer your questions, and explain more about your legal remedies in a wrongful arrest case.