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Facing a false arrest?

Reach out for a free consultation with our experienced legal team.

Facing a false arrest?

Reach out for a free consultation with our experienced legal team.

False Arrest Attorney New York City

Being arrested can be a humiliating experience. When your freedom has been taken away from you that quickly, you could also be subject to degrading treatment and the horrible conditions that come with confinement. Many people hire false arrest lawyers in such situations. Under the Fourth Amendment, you may not be arrested unless there is probable or just cause to believe that you have committed – or are about to commit – a crime. If you have been arrested without probable cause, you are entitled to compensation for any damages suffered from a false arrest under Federal and State Laws. These damages include:

  • Loss Of Freedom
  • Emotional Distress
  • Psychological Injuries
  • Humiliation
  • Economic Losses
  • Physical Injuries

Why Hire Cohen & Finch LLP?

  • Decades of Experience: Experienced legal team in false arrest cases.
  • Proven Track Record: Successfully resolved hundreds of cases involving wrongful arrests, block party incidents, and false allegations.
  • Aggressive Advocacy: Aggressive representation is needed to challenge unlawful police conduct or arrest and hold law enforcement accountable.
  • Client-Centered Approach: Personalized legal strategies tailored to your situation.
  • 24/7 Availability: Immediate support for emergencies.
  • Free consultation: to assess your case and discuss legal options.

What is a False Arrest?

A false arrest occurs when a person is detained or taken into custody by law enforcement without sufficient legal justification. In New York, the law requires that police officers have a valid reason or a properly issued warrant before making an arrest. If they fail to meet these requirements, the arrest may be recognized as unlawful. False arrest is not just an inconvenience—it’s a violation of your civil rights.

Unlawful detainment can be a result of a variety of reasons, such as the following-

  • Wrongful identification,
  • Absence of proof, or
  • Unauthorized actions.

If anyone you know has experienced a wrongful arrest, it’s essential to understand your legal rights and options.

Key Considerations in False Arrest Cases

When evaluating your case, our attorneys analyze:

  • Was the arrest lawful?
  • Did law enforcement act with intent?
  • Was there consent or coercion?
  • Were any civil rights violated?
  • Was the arrest supported by legitimate evidence?
  • Did police officers act within their legal duties?

If you have been accused of restricting someone’s movement against their will, including kidnapping or unlawful detention, our New York criminal defense lawyers can provide an aggressive defense on your behalf.

Common Causes of Wrongful Arrests

False arrests can happen for various reasons. Some of the primary reasons include:

Confused identity: Law enforcement can mistakenly arrest someone who shares a look-alike or name similarity with the actual suspect.

  • Insufficient Evidence: Even though there is insufficient evidence to support the Allegation, police officers may sometimes arrest someone unrelated to the case.
  • Misuse of Power: To arrest people based on personal bias, abuse of power, or to cover up misconduct, authorities may use their power unjustly.
  • Failure to Follow Judicial procedures: A false arrest may occur when officers act without legal requirements, such as not having a warrant to arrest an individual.
  • Discrimination: In some instances, arrests occur for no good reason at all, or it may be determined that it was based entirely on racial profiling or bias against the person arrested.

If you have been accused of restricting someone’s movement against their will, including kidnapping or unlawful detention, our New York criminal defense lawyers can provide an aggressive defense on your behalf.

Implications for Victims of False Arrests

The consequences of a false arrest can be severe, impacting individuals emotionally, financially, and socially:

  • Emotional Distress: The trauma of being wrongfully detained can lead to anxiety, depression, and PTSD.
  • Reputational Damage: A wrongful arrest can tarnish an individual's reputation, affecting their personal relationships, career, and social standing.
  • Financial Strain: Defending oneself against a false arrest can be financially burdensome, as can legal fees, lost wages, and other expenses.
  • Loss of Trust in Law Enforcement: Victims of false arrest may feel a deep sense of mistrust and frustration toward the police and the justice system.

Block Party Arrests and False Allegations

False arrests can occur during Community functions, such as block parties or gatherings, where tensions may arise. It’s not uncommon for individuals to be falsely accused of crimes such as the following-

  • Firearm possession.
  • Drug possession or substance abuse violations at community events.

Law enforcement may seize on any minor misunderstandings or fabricated evidence to make an arrest, such as:

  • Stopping and searching individuals without probable cause.
  • Fabricating evidence of weapon or drug possession.

If you have been wrongfully arrested in such a scenario, your rights may have been violated, and you should seek immediate legal assistance.

When Do I Have a Case for False Arrest?

Not all arrests that seem unfair qualify for a false arrest claim. You may have grounds for a false arrest lawsuit if,

  • Your arrest lacked credible evidence.
  • You were arrested without a warrant or probable cause.

Some common scenarios where you might have a case for wrongful arrest include:

  • You were arrested without being informed of your Miranda rights.
  • Your arrest was made without valid cause.
  • You were arrested due to mistaken identity.
  • Law enforcement arrested you maliciously or based on discriminatory motives.

A skilled attorney can help determine whether you have a valid case based on the circumstances surrounding your arrest.

New York Gun Laws: Strict Enforcement

New York State has some of the strictest firearm policies in the nation. According to New York Penal Law Section 265, owning a firearm or a harmful weapon without a Valid permit can result in severe criminal penalties, including imprisonment.

The Laws govern a range of firearms, including

  • pistols,
  • revolvers,
  • shotguns,
  • even assault weapons.

Even if you have a legal right to carry a firearm in your home state, traveling into New York with a weapon can expose you to criminal charges. If you have been unlawfully arrested for Breaking New York’s gun laws, it is important to consult a skilled attorney.

Our team can help you challenge these accusations, primarily if the arrest was based on inadequate proof or incorrect protocol. The Criminal penalties for firearm charges in New York can be severe, but you don’t have to face them alone. Let us help you fight for your rights.

Why You Need an Expert Lawyer for False Arrest Claims

Proving a false arrest case is complicated and often requires handling complex legal situations. Police officers are granted certain immunity, and their actions may only be deemed unlawful under specific conditions. To succeed in your case, you will need a lawyer with extensive experience handling false arrest claims.

A skilled attorney will help in the following ways-

  • Gather crucial evidence,
  • File motions to dismiss charges,
  • Advocate for your rights in court.

They will also help you work toward compensation for damages resulting from the false arrest, such as

  • Unpaid wages,
  • Medical bills,
  • Psychological trauma.

At the Law Offices of Cohen & Fitch LLP, we fight for wrongfully arrested individuals. We are dedicated to ensuring that justice is served and that individuals are compensated for the harm they have suffered.

Customers Reviews

The Law Offices of Cohen & Fitch LLP helped me with my wrongful arrest case. I couldn’t be happier!!! His team was knowledgeable and responsive. They fought hard for my rights and helped me recover damages for the emotional distress and financial strain caused by my wrongful arrest.

— John H.

I was arrested at a block party for something I wasn't even aware of. Law Offices of Cohen & Fitch LLP’s Team helped me get the fine rejected. They were very supportive throughout the whole process. I highly recommend their false arrest lawyers to people facing wrongful arrest issues.

— Maria W.

After a false arrest that damaged my reputation in society, I contacted the Law Offices of Cohen & Fitch LLP. Their lawyers are highly knowledgeable and have navigated my case. Thanks to them, I could clear my name and receive compensation for the ordeal.

— David R.

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