Did you know that in 2022, over 3,200 innocent defendants nationwide were convicted of crimes they didn’t commit? This troubling fact shows that even though wrongful convictions go under our noses, it happens more than we think.
When you’re convicted of a crime you did not commit, you suffer the same consequences as an actual criminal. This includes spending time in prison, hefty fines, and a criminal record that will follow you for the rest of your life.
If you believe that you have been wrongfully arrested or convicted in New York City, it’s important to contact experienced legal counsel as soon as possible. An experienced wrongful arrest lawyer can protect you from potentially devastating consequences.
Gina M. Wicik is a dedicated false arrest lawyer in New York City. From police misconduct to excessive force and malicious prosecution, our false arrest attorney can help you get the justice you deserve. Get your free consultation today!
What is a False Arrest ?
By definition, a false arrest is an act of police officers or other government officials ordering the authority to arrest, detain, or restrain a person without having legal justification.
Many reasons lead to a false arrest, such as a misidentified defendant, improper evidence, and police misconduct or brutality.
False arrest is a blatant violation of the Civil Rights Act of 1871, which renders the officers or government officials liable for wrongful arrests and court proceedings.
If you believe your false arrest resulted from police misconduct, wrongful accusations, or malicious prosecution, you must speak with wrongful arrest or police brutality lawyers immediately.
A New York City police brutality lawyer can help you investigate the nature of your case and identify if this is a case of police brutality or misconduct.
You should also preserve evidence related to your wrongful arrest, such as photos, videos, and witness statements. As much as possible, try to get the name and badge numbers of the arresting officers.
False Arrest and Police Brutality
Resisting arrest and telling the police that you didn’t do anything dose not always work. What you need is an evidence-based defense from a client-driven wrongful arrest lawyer. At The Law Office of Gina M. Wicik, we can help you build a compelling and robust defense against unlawful arrest and wrongful conviction.
With over 10 years of legal experience you can count on the expertise of our wrongful arrest attorney. We’ll thoroughly investigate your case, uncover facts, and gather critical evidence to protect you from illegal arrests and convictions.
A slight misstep or a wrong word said can have severe consequences. That’s why it is essential to get a wrongful arrest attorney who has the legal knowledge, experience, and resources to handle your wrongful arrest case.
Trusted Representation
The Law Office of Gina M. Wicik, provides comprehensive legal assistance in False Arrest law. We focus on ensuring you get the best legal representation .
New York False Arrest Cases
New York police brutality cases or false arrest cases can take many forms and shapes. Here are some of the common wrongful arrest cases we handle in our law office
Malicious Prosecution
An individual may try to defame, harass, or threaten you by fabricating lies to put you in wrongful arrest. In most cases, these lawsuits fail, but they can still inflict significant damage to your reputation and well-being.
Disproving a malicious prosecution case requires your party to prove, beyond a reasonable doubt, that you have been falsely accused. Your party must also show that the party bringing in the case did so out of malice or wrongful intent.
Malicious prosecution is a violation of 42 U.S. Code § 1983. This statute is also called the “Civil action for deprivation of rights,” which provides you with the right to seek damages in a wrongful arrest lawsuit.
Police Brutality — Excessive Force
The use of excessive force refers to when an arresting officer uses more power than necessary to restrain or arrest a person. This type of wrongful arrest is illegal under the Fourth Amendment, which protects individuals from unreasonable search and seizure.
When dealing with a police brutality case, you must know that the court will base its decision on the following factors:
The severity of the crime.
There is an immediate threat to the arresting officer or any other person.
You are forcibly resisting an arrest.
The police officer reasonably warned you not to resist an arrest.
The severity of the force used by the arresting officer compared to your actions.
Securing evidence, such as photos, videos, or eyewitness testimonies, is critical to proving a police brutality case.
Unlawful Strip Searches
Strip searches are conducted to search for possible hidden contrabands. However, wrongful strip searches involve a person being subjected to invasive and humiliating actions by a police officer without proper justification.
In 2001, New York City settled $50 million for illegal strip searches of over 50,000 individuals. Most of these people were first-time offenders of misdemeanor or infraction crimes. Although strip searches are legal, they must be done with probable cause and following the Fourth Amendment.
Excessive Detention
In the criminal process, detention is crucial to ensure a suspect’s appearance in court. However, wrongful arrest cases can happen when an individual is detained beyond what is necessary or reasonable for their crime.
In most cases, defendants are detained for 24 to 48 hours before being released. If your wrongful arrest continues beyond this period, you may be able to file an unlawful arrest lawsuit against the arresting officers and their superiors.
Contact Our
False Arrest
Lawyers Today!
At The Law Office of Gina M. Wicik, Ms. Wicik has handled Criminal cases for years. She is one of the most trusted, capable, and determined New York Criminal Defense lawyers today.
If you find yourself in an unfortunate situation, Gina can assist you with everything needed for a fair and legally-binding resolution.
Gina is a get it done kind of person she took the time to explain the legal language to me and what I was signing. She was direct and answered all my questions. I would definitely hire Gina again
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Frequently Asked Questions
Can I still be arrested even if Im innocent in NYC?
Innocent individuals can still be arrested in NYC. Mistakes can happen due to misunderstandings or errors in police judgment, which underscores the importance of legal representation to protect your rights if you find yourself in such a situation.
How do I find a reputable false arrest lawyer in NYC?
To find a reputable false arrest lawyer in NYC, research online reviews, check legal directories, and seek referrals from trusted sources. Look for attorneys specializing in civil rights and wrongful arrests to ensure you receive knowledgeable representation.
Can I sue the NYPD for false arrest and imprisonment?
You can sue the NYPD for false arrest and imprisonment if you can demonstrate that your civil rights were violated. It is essential to consult with an experienced attorney to navigate the legal process effectively.
What are the consequences of a false arrest in the Bronx?
The consequences of a false arrest in the Bronx can include emotional distress, damage to reputation, and potential legal repercussions for law enforcement. Victims may also seek compensation for damages through civil lawsuits.
How long does a false arrest lawsuit typically take in NYC?
The timeline for a false arrest lawsuit in NYC can vary significantly, but typically, it may take anywhere from several months to a few years to reach a resolution, depending on the complexity of the case and court schedules.
What are the signs of a false arrest in New York City?
The signs of a false arrest in New York City include lack of probable cause, failure to follow proper procedures by law enforcement, and instances where the arresting officer does not have sufficient evidence or witness testimony to justify the arrest.
Can a Bronx false arrest lawyer help me get compensation?
A Bronx false arrest lawyer can assist you in obtaining compensation by building a strong case that demonstrates your wrongful arrest and the impact it had on your life. They will navigate the legal process to ensure your rights are protected.
How do I find a good Bronx false arrest lawyer?
Finding a good Bronx false arrest lawyer involves researching experienced attorneys who specialize in civil rights and wrongful arrest cases. Look for client reviews, consult local legal directories, and consider scheduling a free consultation to assess their expertise and approach.
How to choose the right OVI attorney for my case?
Choosing the right OVI attorney for your case involves considering their experience, expertise in OVI laws, past client reviews, and their approach to handling cases. Ensure they communicate effectively and prioritize your best interests.
What are the most common reasons for false arrests in New York City?
The most common reasons for false arrests in New York City include mistaken identity, lack of probable cause, police misconduct, and reliance on unreliable witness testimony. These factors can lead to wrongful detentions and violations of civil rights.
Can a false arrest in the Bronx affect my criminal record?
A false arrest in the Bronx can potentially affect your criminal record. If charges are filed against you as a result of the arrest, they may appear on your record, even if they are later dismissed.
What is the statute of limitations for false arrest in NYC?
The statute of limitations for false arrest in NYC is typically one year from the date of the arrest. It is crucial to act promptly to preserve your legal rights.
What are the most common reasons for false arrests in the Bronx?
The most common reasons for false arrests in the Bronx include mistaken identity, lack of probable cause, police misconduct, and reliance on unreliable witness statements. These factors can lead to wrongful detentions and violations of civil rights.
What are the consequences of a false arrest in New York City?
The consequences of a false arrest in New York City can include emotional distress, damage to reputation, and potential financial losses. Victims may also pursue legal action for compensation and seek to hold law enforcement accountable for their misconduct.
Can I sue the police for false arrest in the Bronx?
You can sue the police for false arrest in the Bronx if you believe your civil rights were violated. It's important to consult with an experienced attorney to evaluate your case and guide you through the legal process.
What should I do after a false arrest?
After a false arrest, you should document the incident, gather evidence, and seek legal representation. Contact the Law Office of Gina M. Wicik for guidance on protecting your rights and pursuing justice.
How can I prove my innocence in NYC?
Proving your innocence in NYC involves gathering evidence, such as witness statements and documentation, and working with a skilled attorney who can effectively present your case and challenge the charges against you.
What evidence is needed for a false arrest case?
The evidence needed for a false arrest case includes documentation such as police reports, witness statements, video footage, and any records that demonstrate a lack of probable cause for the arrest.
What are the legal rights after a false arrest?
The legal rights after a false arrest include the right to seek compensation for damages, the right to file a complaint against the arresting officers, and the right to legal representation to protect your civil rights.
How can I appeal a false arrest decision?
The process to appeal a false arrest decision involves filing a notice of appeal with the appropriate court, gathering evidence, and presenting your case to demonstrate that the arrest was unlawful. Consulting with an experienced attorney is crucial for guidance.
What damages can I claim for false arrest?
The damages you can claim for false arrest include compensation for lost wages, emotional distress, legal fees, and any harm to your reputation. Additionally, you may seek punitive damages if the arrest was particularly egregious.
How does false arrest affect employment opportunities?
False arrest can significantly impact employment opportunities by leading to a criminal record, damaging one’s reputation, and causing emotional distress, which may hinder job prospects and career advancement.
What steps to take if falsely arrested in NYC?
The steps to take if falsely arrested in NYC include remaining calm, providing necessary information to law enforcement, documenting the incident, and contacting a lawyer experienced in false arrest cases to protect your rights and pursue justice.
What is the process for filing a false arrest claim?
The process for filing a false arrest claim involves gathering evidence, documenting the incident, and consulting with a qualified attorney. Your lawyer will help you file the claim, ensuring all legal requirements are met for a successful case.
How can a lawyer help with false arrest cases?
A lawyer can significantly aid in false arrest cases by providing expert legal representation, helping victims understand their rights, gathering evidence, and navigating the complexities of the legal system to seek justice and compensation for wrongful arrests.
What are the common defenses against false arrest claims?
Common defenses against false arrest claims include demonstrating probable cause for the arrest, asserting that the arresting officer acted within their legal authority, or proving consent from the individual prior to the arrest.
How to document a false arrest incident effectively?
Effectively documenting a false arrest incident involves gathering all relevant details, including the date, time, and location of the arrest, witness information, and any police reports. Additionally, take photographs of injuries or the scene and keep records of all communications related to the incident.
What role does eyewitness testimony play in false arrest?
Eyewitness testimony plays a crucial role in false arrest cases, as it can either support or undermine the validity of the arrest. Reliable eyewitness accounts can help establish innocence, while flawed testimonies may lead to wrongful convictions.
What are the long-term effects of a false arrest?
The long-term effects of a false arrest include emotional trauma, damage to reputation, and potential financial burdens from legal battles. Victims may also face challenges in securing employment or housing due to their arrest record.
How can I find support after a false arrest?
Finding support after a false arrest involves reaching out to legal professionals, such as the Law Office of Gina M. Wicik, who can provide guidance and representation. Additionally, consider connecting with support groups and mental health resources to help cope with the emotional impact.
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