NEW YORK CITY FALSE ARREST LAWYERS

 

False arrest lawsuit in New York City

False arrest lawsuits occur when a person is arrested without cause in one state but are falsely accused in another state. If convicted, these suits can be very damaging to the accused. These suits are usually filed in the county in which the incident happened and the plaintiff will file in that county. Filing in a different state would mean a long and complicated journey to trial.

Once the charges are brought against a person, they can be held in jail pending their trial date. Even if the alleged criminal case is eventually thrown out or a defendant is acquitted, the arresting officers still have a natural advantage in the civil lawsuit. For example, if the victim was wrongfully arrested near his or her home or place of employment, or if the victim’s personal rights were violated while in the booking cell, the victim may be able to claim damages from the arresting officials. It is also possible that if the victim was deprived of needed treatment while in jail, medical bills could be awarded to him or her.

False arrest suits can also stem from false arrests in other cities. For example, if an individual is stopped on suspicion of drunk driving in New York City but was ultimately cleared by the court, he or she can file a suit in the city of New York. If that same individual is then arrested again in a different city for drunk driving, he or she can file a suit in that city. There are many ways that these suits can stretch across the state and even country. In some cases, the charges against the plaintiff may be dropped due to lack of evidence or because the incident did not warrant arrest.

In instances when arresting officers do not take reasonable steps to ensure the protection of the public, they can be held liable for false-arrest lawsuits. The officers are not expected to inform the plaintiff that the suspicion had been wrong, that the person had not actually been arrested, or that they have a right to remain silent. There are also instances when they fail to give proper notice that they will be arresting the plaintiff. In addition, if they fail to give warning about the potentiality of an arrest before arresting someone, they can be held liable.

Other than civil suits, false-arrest lawsuits can be pursued in criminal court. If a criminal case is pursued after an individual’s arrest, the defendant’s attorney would bring the lawsuit to a civil trial. In some cases, especially criminal cases, a defendant can have their criminal charges dropped after the completion of the initial criminal case. This is especially the case if the criminal charges were based on probable cause.

Another type of case that a plaintiff may pursue is that of false imprisonment. In a wrongful imprisonment case, a plaintiff would file suit if they suffered from the victim’s inability to work, to leave home, or to enjoy other types of freedom. Even in situations when the victim has actually been incarcerated, this can be grounds for a false arrest lawsuit.

For instance, say that a police officer arrests a person without probable cause to do so. In many states, there are limitations on how an arresting officer can behave once an arrest has been made. For instance, it is against the law to restrain the plaintiff from interfering with a lawful arrest, and it is also against the law to use excessive force during unlawful arrests. It can also be a violation of the rights of the individual to be free from unreasonable searches and seizures if the suspect is arrested without probable cause to do so.

In some cases, a police officer can only arrest a person if they have obtained a valid search warrant. A warrant is an official document from a judge that authorizes the police to do anything that they believe is necessary in order to arrest a person for a specific crime. In many states, however, there is a broad understanding that a warrant does not mean the same thing as probable cause, and many times a warrant will be for something that did not even exist at the time of the arrest.

Therefore, if you were approached by a police officer and they told you that you were being arrested for warrants that did not exist, you may be able to challenge their arrest on the basis that they used improper, illegal methods to obtain your release.

false arrest lawyers nyc

Choosing the right false arrest lawyers in New York City

In today’s society false arrest and malicious prosecution cases are increasing at an alarming rate. This is a result of the fact that police misconduct has reached epidemic proportions. The recent statistics have shown a 20% increase in arrests and wrongful prosecution over the last two years alone. In New York City particularly, this is having a devastating effect on thousands of citizens daily.

The first and most important duty of all New York City false arrest lawyers is to protect the civil rights of those accused of wrongdoing. This means protecting the rights of individuals to go to court, to not be arrested without reasonable suspicion of wrongdoing and to be free from excessive police force. In addition, it means protecting their constitutional right to a fair trial and fighting for the presumption of innocence. This means challenging police officers’ accusations of brutality, excessive force, or illegal search and seizure.

These rights are not limited to those accused of crimes. They are also implicated by those who are accused of acting in what would seem to be irrational ways. For example, it is the job of New York City false arrest lawyers to challenge the practice of strip searching suspects following their arrest. Strip searching is an extreme measure that has no place in the modern day of stop and frisk.

The other important responsibility of New York City lawyers is to ensure that victims of police brutality receive justice. Those who suffer the wrongful death of a loved one must have a chance to take legal recourse against the police officers involved. It is the role of those practicing civil rights law to ensure that the families of fallen victims get the justice they are entitled to.

In this regard, it is often the testimony of arresting officers that determine whether charges will be filed against someone. It is also up to these lawyers to ensure that victims of civil rights violations receive adequate compensation for their losses and injuries.

There are many commonality cases involving the prosecution of individuals for crimes. Some of these include: false arrests, malicious prosecution, excessive force, false imprisonment, and false arrest with deadly force. There are many instances where the mere suspicion that a person may have engaged in a criminal activity can result in his or her arrest.

Some examples of probable cause for suspecting a person of wrongdoing include observations made by a police officer, video surveillance of suspicious activity, or secret observations made by a private citizen. In some instances, there is insufficient evidence to secure a search warrant to seize an individual under the Fourth Amendment. It is the responsibility of a New York City civil rights lawyer to argue on behalf of their clients that the evidence obtained was legally insufficient to support a search and seizure.

The rights set forth in the United States Constitution and the Bill of Rights protect individuals from unreasonable searches and seizures by law enforcement officials. It is the responsibility of New York City civil rights lawyers to make sure that their clients are not deprived of their constitutional rights due to illegal search and seizure practices of government officials.

In most instances, federal law requires a showing of probable cause before a person’s rights are granted. Proving probable cause is done by presenting evidence that supports the government’s position that a person has engaged in criminal activity.

In instances when a person is arrested without reasonable suspicion to arrest him, it is possible to challenge its legality. The First Amendment protects American citizens from being deprived of their rights without probable cause. This includes being detained without warning for an indefinite period of time without any basis whatsoever.

The Fifth Amendment also protects American citizens against cruel and unusual punishment. This includes false arrest or malicious prosecution. Many states also impose a civil cause of action clause that allows their citizens to seek damages for false arrest and malicious prosecution.

These rights are fundamental rights that must not be violated. A guilty person will never be put to death or imprisoned without a trial, nor will they have their rights waived by being subjected to cruel and unusual punishment. In the past, innocent people were jailed without trial and executed. Now these are crimes that can never be perpetrated against an American citizen. Therefore, those who assert that they have been illegally arrested or that they have been harmed due to a false arrest or malicious prosecution must be defended properly under federal law.

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SAMPLE VERDICTS AND SETTLEMENTS

  • $5,500,000 settlement during trial for parochial school students who were exposed to teacher with Tuberculosis
  • $4,000,000 settlement for construction worker who sustained bilateral ankle fractures requiring open reduction and internal fixation
  • $3,825,000 settlement for wife and children of September 11 World Trade Center victim whose remains were never recovered (pro bono representation)
  • $3,800,000 settlement in medical malpractice action for brain-damaged baby with cerebral palsy and seizures resulting from oxygen deprivation to and water on the brain at birth
  • $3,500,000 settlement for three sisters who were sexually abused by another foster child in the foster home after being placed in foster care by the city of New York
  • $2,400,000 settlement after trial and appeal for union electrician who sustained partial amputations to fingers on both hands when 800 pound spool of cable broke free while being lowered down stairs with make-shift rope pulley — expanded the coverage of Section 240(1) of the Labor Law to include “force of gravity on objects” in addition to falling worker/falling object cases
  • $2,225,000 settlement for pedestrian struck by motor vehicle resulting in 26-day coma, skull fracture, traumatic brain injury, numerous fractures and impaired cognitive and perceptive functions
  • $1,800,000 settlement for construction worker who fell from scaffold and fractured forearm and wrist requiring 3 surgeries and internal fixations
  • $1,700,000 settlement for construction worker who fell off ladder and required spinal surgery with internal fixation that failed
  • $1,450,000 settlement for construction worker who fell through unprotected skylight on roof sustaining arm and leg fractures
  • $1,240,000 settlement for 18- year old as the result of medical malpractice in failing to diagnose cancer
  • $1,000,000 settlement for construction worker who fell down debris-filled staircase at construction site with no handrail resulting in neck surgery, back and hip injuries
  • $1,000,000 settlement for passenger in motor vehicle that was rear-ended resulting in spinal surgery with fusion and internal fixation
  • $950,000 settlement for passenger on interstate bus involved in a collision resulting in traumatic brain injury
  • $875,000 settlement for children of mother who died as a result of failure to diagnose and treat Crohn’s Disease 
  • $745,000 settlement for motorcyclist struck by NYPD vehicle resulting in hip and ankle fractures, both of which required open reduction and internal fixation 
  • $700,000 settlement for pedestrian who slipped and fell on sidewalk that was not properly shoveled/treated after ice and snow storm resulting in severely comminuted and displaced right arm fracture requiring open reduction and internal fixation and additional surgeries 
  • $500,000 settlement for tenant of apartment building who tripped and fell while descending stairs that had just been mopped resulting in fractured left shoulder and multiple surgeries
  • $500,000 settlement for home healthcare worker who tripped and fell due to mis-leveled elevator resulting in closed head injury, impaired cognitive functions, neck, shoulder and back injuries 
  • $390,000 settlement for passenger in Police Department van that ran red light and struck another vehicle resulting in injuries to neck, back and shoulder 
  • $350,000 settlement for motorist who sustained injuries to neck, back and shoulder when tree fell on his vehicle 
  • $275,000 settlement for pedestrian who tripped and fell on raised sidewalk flag resulting in tri-malleolar fracture of ankle requiring open reduction and internal fixation 
  • $260,000 settlement for pedestrian who was thrown to the ground by unrestrained dog and sustained fracture to hip which required surgical pinning and fracture to spine 
  • $250,000 settlement for commuter who tripped and fell on defective step on staircase in Penn Station resulting in multiple shoulder tears requiring surgical intervention and fractured rib 
  • $240,000 settlement for pedestrian crossing street who was struck in crosswalk by turning bus resulting in crush injuries and fractures to her hand 
  • $225,000 settlement for bystander who was assaulted by police officers and detained without being arrested who sustained injuries to his face, hand and legs