New York Civil Rights And Criminal Defense Lawyers

False Arrest Or False Imprisonment

Can you sue a New York police officer for false arrest?

If you have ever been falsely arrested by an officer of the law, then you know that it can be a humiliating experience. However, you have civil rights guaranteed by law, so you may be able to sue the arresting officer for a false arrest. How do you sue for a false arrest? In order to prove that an officer violated your civil rights, you must show that the officer acted with malice or reckless indifference to your civil rights. Malice means that the officer knowingly and intentionally violated your civil rights. Reckless indifference is a legal term meaning, in this case, that the arresting...

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Man imprisoned for 23 years for a crime he did not commit

A 23-year-long nightmare for a wrongly convicted New York man is over. With no DNA evidence, video footage, confession, phone records or fingerprints, the man was charged with murder on the basis of eyewitness testimony. For more than two decades, he sat in a prison cell for a crime he did not commit. He maintained his innocence through all those years, and after a thorough re-investigation, the Richmond County District Attorney's office agreed. Details of the original case On April 5, 1996, a young man was gunned down at the Stapleton N.Y.C.H.A Housing Complex in Staten Island where he...

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Are police looking for you using facial recognition?

If you live in New York, you may have even more reason to wear your face mask these days. Despite growing concerns over the untrustworthiness of the technology and outcry over its misuse, law enforcement agencies continue to use facial recognition software to identify and track those suspected of committing crimes. Unfortunately, the flaws in the technology too often lead to mistakes, wrongful arrests and violations of civil rights. Many cities in other states have banned the use of facial recognition, and others have placed restrictions of various levels on its use by law enforcement. In...

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Law enforcement misdeeds led to many wrongful convictions

New Yorkers who are alleged to have committed crimes and are placed under arrest might be under the impression that the justice system will work in their favor with fairness. If they did not do what they are accused of, it is easy to think that they will be cleared of the charges and can move on with their lives. Unfortunately, that is not the case for a troubling number of people. Those who have been wrongfully convicted of a crime and punished for it should be aware of their rights to seek compensation. Recent review shows how a spate of wrongful convictions happened Recently, the Brooklyn...

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Get support if you’re a victim of a false arrest

A false arrest is when a person claims that they have been held against their will without probable cause or court order. A false arrest can be a kind of police misconduct. For example, if an officer takes a person into custody only because they're African American, then that person may claim to be a victim of a false arrest. Officers have a right to stop you and arrest you with probable cause. Police can arrest individuals without a warrant if they witness a misdemeanor or felony take place. To prove that an arrest was a false arrest, the victim has to prove that the arresting officer did...

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Get help if you have been falsely imprisoned

If you are imprisoned by someone who doesn't have justification or legal authority, then you may be a victim of false imprisonment. False imprisonment takes away your ability to move to where you want to go freely. For example, if someone stops you and will not allow you to leave, this could constitute false imprisonment. Interestingly, false imprisonment can occur when you are arrested improperly. For instance, if you are arrested by someone without legal authority and then taken into custody, you'll be a victim of false imprisonment from the time when you were take away and restrained....

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Woman claims police targetted her, falsely imprisoned her

A woman is claiming that she was a victim of false arrest, false mental health arrest, false imprisonment, fraudulent charges and more after she was arrested during a confrontation between herself and the instructors at the local Citizens Police Academy in Albany. One officer, in body-cam footage, made a lewd motion to another officer as the woman was sitting on a bench. She can be heard saying that the officer is attempting to antagonize her. The 25-year-old woman later discovered the officers mocking her and one asking if the other had gotten her phone number. The woman claims today that...

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Man sues city, police for wrongful arrest in New York

In recent news from Jan. 28, it was reported that a man decided to sue the city and the New Rochelle Police Departments for his wrongful arrest. He claims that he was taken into custody in January 2018 when the police received an anonymous call stating that he'd violated an order of protection by being at the address. The order of protection mandated he stay away from a woman who was later called for verification. She told police that she did not live at the residence and was living in Connecticut, so the man had not violated the order. They contacted her attorney who told them the same....

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What makes for a solid unlawful detainment case?

False imprisonment is something that violates your civil rights. Interestingly, false imprisonment happens more often than you may think. There are a few elements of a false imprisonment claim that have to be met before you can prove it. They include: Suffering from willful detainment Not consenting to detainment Being detained unlawfully When you can prove that you were detained, did not consent to it and had not broken any laws, then you may have a solid case against those who violated your rights. Does physical force have to be used in unlawful detainment cases? While physical force might...

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The basics of a citizen’s arrest

Everyone has heard of a citizen's arrest, but have you ever witnessed one? Do you know of anyone who has ever made a citizen's arrest? This is a real thing that citizens are allowed to do. But, is it something you should actually consider doing? Are you worried about the legal implications? Could you be accused of false imprisonment if you try to make a citizen's arrest? Let's take a look at the citizen's arrest so you have a clear picture. Was there a necessity for the citizen's arrest? There needs to be one of four important reasons for the arrest to be present in order for the arrest to...

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