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.
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 We Handle
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
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.
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.
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.
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