In a bustling city like New York, incidents of false arrests unfortunately occur, causing innocent individuals to endure unjust and harrowing experiences. Whether due to police overzealousness, racial profiling, or failure to adhere to proper procedures, false arrests can have a profound impact on the lives of those who are wrongly accused.
Being falsely arrested can be an incredibly distressing and traumatic event. It can strip away your sense of security, disrupt your daily life, and subject you to humiliation, stress, and inconvenience. Your reputation may be tarnished, relationships strained, and opportunities lost. At Joudeh & Kuller, we understand the profound toll a false arrest can take, and we are here to help you seek justice and reclaim your life.
What Is Considered a False Arrest in NYC?
In New York City, a false arrest occurs when an individual is unlawfully detained or taken into custody without proper justification. One of the key factors in a false arrest case is the lack of probable cause, which means that there was no reasonable basis for the police to believe that a crime had been committed or that the person being arrested was involved in any criminal activity.
In general, the police have the legal authority to restrict someone’s freedom of movement when necessary. However, if a police officer makes an arrest without having reasonable grounds to believe that the person committed a crime, or if the officer knows the person is innocent, it may constitute a false arrest. In cases of false arrest, individuals can be wrongfully deprived of their liberty for a certain period.
If you have been subjected to a false arrest, you have the right to take legal action against the arresting officer, the police department, and the municipality. Through a lawsuit, you can seek damages for the harm caused by the false arrest. These damages may encompass various aspects, including the mental distress endured, the negative impact on your reputation resulting in financial losses, and the loss of income suffered during the wrongful detention period.
The Due Process Clause
Under the Due Process Clause, individuals have the right to take legal action if their rights to Due Process were violated. If you spent time in jail for a crime you didn’t commit due to false evidence or suppression of evidence, it constitutes a violation of the Due Process Clause.
It’s important to note that the Due Process clause does not require a favorable outcome or termination of the case to pursue a lawsuit. Even if you received a dismissal based on the initial appearance of sufficiency or any other dismissal that may not meet the criteria for a malicious prosecution case, you still have the option to bring a claim under the Due Process Clause.
At Joudeh & Kuller, we understand the significance of upholding your rights and seeking justice when your Due Process rights have been violated. Our experienced attorneys are well-versed in the complexities of these cases, and we will passionately fight to protect your rights and hold those responsible accountable. Contact us today for a free consultation to discuss your situation and explore the legal options available to you.
Common situations where false arrests occur in New York City include:
- Racial profiling, where an individual is targeted based on their race or ethnicity rather than any reasonable suspicion of wrongdoing.
- Mistaken identity, where a person is wrongly identified as a suspect in a crime.
- Retaliation or abuse of power by law enforcement officers.
- Failure to follow proper arrest procedures, such as not informing the individual of their rights or using excessive force during the arrest.
Let Us Fight for Your Rights
When faced with a false arrest, it is essential to have an experienced false arrest attorney by your side. At Joudeh & Kuller, we have a deep understanding of New York laws and the intricacies of false arrest cases. Our skilled attorneys will thoroughly investigate your case, gather evidence, and build a strong defense strategy tailored to your specific situation.
We will tirelessly fight to protect your rights, seek compensation for the damages you have endured, and hold those responsible for the false arrest accountable. Don’t face this challenging situation alone. Contact Joudeh & Kuller today to schedule a free consultation and let us be your trusted advocates in seeking justice and reclaiming your life after a false arrest.
Take the first step towards justice. Reach out to Joudeh & Kuller now, and together, we will work towards securing your rights, restoring your reputation, and bringing about the justice you deserve.