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 Harvis & Fett LLP to discuss filing a claim for false arrest.
An officer is allowed to arrest a citizens if the officer has an arrest warrant or probable cause to believe that the individual has committed, is committing or is about to commit a violation of the NY Penal Law. Learn more here.
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.
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.
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 NYC false imprisonment attorneys with Harvis & Fett LLP 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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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.
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 civil rights 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, contact Harvis & Fett LLP for your free evaluation today.
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