False Arrest Or False Imprisonment

When you're arrested for a crime, you're presumed innocent until proven guilty. But sometimes, the justice system doesn't work properly. Innocent people can be convicted, and it happens more often than you might think. There are a number of reasons why wrongful convictions occur. Eyewitness mistakes Usually, when someone is convicted of a crime, it's because there's eyewitness testimony against them. But eyewitnesses can be wrong. Unfortunately, human memory is often fallible, and people can misidentify a suspect, especially if they're under stress or if the perpetrator is of a different...

In the 1990s, the courts sentenced a man to 25-years-to-life for a murder he didn't commit. The legal system denied his ten post-conviction notices. After 21 years of his sentence, the board paroled him in 2014, and the courts exonerated him in 2015. He wants to fight to protect people who plead guilty in New York, New York. The reason for the new act False arrest or false imprisonment is more common in prison than people think. Many people plead guilty to crimes they didn't commit because prosecutors offer a deal that appeals to them. The innocent people may have no evidence in their case...

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...

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...

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...

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...

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...

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....

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...