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Did you truly feel free to leave the police station?

One of the criteria of whether something counts as false arrest and/or false imprisonment is if the “suspect” in question felt free to leave at any time. Since false arrest has to do with unlawfully restraining someone’s freedom, something cannot be false arrest or false imprisonment if probable cause was present, or if the person was able to leave at any time and felt free to do so.

However, as you can imagine, this area can be gray. For example, if a police officer brings you to the police station in the back of a police car, do you truly feel like it is fine to leave at any time even if the police officers say so? There will likely be other details in the situation that paint a fuller picture.

Malicious prosecution: When the law is used unlawfully

Lawyers are trained to recognize when a particular case has legal merit. Nevertheless, an individual might choose to pursue a legal action -- even though a basis did not exist -- simply out of a malicious intention to harm the person being targeted in the suit. These types of lawsuits are called malicious prosecution.

Malicious prosecution might happen when a politician wants to defame an opponent, or when a business owner seeks to put a competitor out of business. Malicious prosecution might also happen between two disgruntled family members or for any number of other reasons. It can also occur due to discrimination against the victim in a criminal lawsuit lodged to target someone due to his or her race, religion, sexual preference, creed, national origin and other reasons.

3 common types of construction injuries

Working in the construction industry carries a unique risk of injury. According to the Occupational Safety and Health Administration, construction workers face a higher fatality rate than the national average. It is smart to be aware of the potential dangers of working on a construction site so you can avoid injuries.

The first step to safety is understanding common types of construction injuries and their causes. Here is a look at the most common accidents in the construction industry.

Dram shop laws and drunk driving accident cases

If you were hurt by a drunk driver, you might have heard your attorney reference the term "dram shop." Dram shop laws are special laws enacted to hold sellers of alcohol legally responsible for injuries, deaths and financial damages that arise from their irresponsible sale of alcohol to highly-intoxicated customers. In addition to dram shop laws, social host liability laws exist to prevent the hosts of parties from giving their guests an irresponsible amount of alcohol, and then letting them drive home.

The legal term "dram shop law" stems from the name for old-English drinking establishments during the 1700s that sold gin in spoonfuls or "drams." Dram shop laws are not criminal laws; the courts enforce them through civil proceedings. They allow the victims of DUI crashes -- and family members of deceased victims -- to pursue financial compensation from the bars and/or party hosts who served too much alcohol to the drunk driver in their accident cases.

Statistics on racial profiling in the United States

Racial profiling by police in New York and throughout the United States is a serious problem. Statistics point to the fact that law enforcement officials frequently select who they will pull over or stop based on race, and if you are a member of certain racial or ethnic categories, you're far more likely to have an interaction with a local law enforcement officer.

On the website for The Leadership Conference, we can see what the statistics say about the topic of racial profiling:

When a prisoner can't get medical care

Every human being deserves medical care when he or she is sick. However, New York residents who are serving time in prison might not always get the medical care they require. Whether it's due to prisoner neglect, negligence or wrongdoing -- if a prisoner can't get medical attention for a serious condition, it could be a violation of the prisoner's civil rights.

If you are worried about medical care for a family member serving time in prison, or if you're a prisoner being denied medical care, here's what you need to do:

Police brutality: When can police use lethal force?

New York City police officers perform the valuable public service of keeping us safe from criminal elements. However, there are times when police become overzealous in their application of the law, in addition to becoming overly violent. There are times when violent -- even lethal -- force is required by police to carry out their duties, and there are times when it's clearly not required.

When a New York resident gets seriously hurt or killed by a police officer who is allegedly carrying out his or her duties, questions over whether such a high level of force was necessary may arise. One important question that courts around the nation -- including the United States Supreme Court -- have deliberated is the question: When can police use lethal force?

Did you confess to a crime you didn't commit?

It's hard to believe that anyone would do it -- unless you've done it of course -- but falsely confessing to a crime is not that uncommon. For example, among people who suffer a wrongful conviction, having given a false confession happens in one out of every four cases.

There are a lot of reasons why people choose to falsely confess to a crime; however, people typically confess because they think it's going to benefit them in some way in the end. Here are some of the reasons why a false confession can occur.

The importance of properly trained security personnel

One thing that many people who have been injured at a nightclub or restaurant do not realize is that properly trained security personnel could have prevented their injuries. For example, if police are frequently called to a club, its security officers likely need more training than those at a club that rarely calls the police.

The protection of patrons is a big reason that nightclubs and restaurants should have a well-trained security force. It can also be a good idea for insurance purposes and for general community relations. Here is a look at how security officers can keep patrons safe.

Who can file a police misconduct complaint?

It seems like you can't turn on the television or read a newspaper these days without seeing information about a police misconduct matter. Some of these instances are downright frightening as they may involve police shooting innocent civilians. You might not think something like this could happen to you or a loved one, but if you or someone you know becomes the victim of police misconduct, you are well within your right to file a complaint.

The New York City Civilian Complaint Review Board (CCRB) is an independent organization that the city has charged with the responsibility of receiving, investigating, prosecuting, mediating, hearing and acting upon civilian complaints against the New York City Police Department. New York residents have the right to make complaints to the CCRB if they have witnessed or been victimized by unnecessary police force, discourtesy, abuse of authority or the use of language considered offensive.

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