What is a false arrest?
What is a false arrest?
One of the cornerstones of individual protection in the U.S. is that a person should not be detained or arrested without probable cause. The problem is that even though these guidelines are quite clear, sometimes police officers still overstep their authority or make mistakes that lead to false arrests. To say that it is a nightmare to be falsely arrested is an understatement. If this has happened to you, then you need to consult with a New York criminal defense lawyer about your options and next steps.
In general, a police officer is within his or her rights to arrest you if there is probable cause to believe that you have committed a crime. In addition, there are other situations where an individual can be stopped by police in certain exigent situations. Aside from this, however, an officer needs probable cause or a warrant in order to arrest you.
If you have been detained and arrested without probable cause or other exceptional circumstances, then you could be a victim of a false arrest. If you have been illegally detained or held against your will without probable cause, then you might be a victim of false imprisonment. Both of these are serious claims to make, but you do have recourse available to you if you can demonstrate that you were a victim.
There is no doubt that you want to put such a disaster behind you, but being charged with a crime or falsely imprisoned deserves the attention of a New York criminal defense lawyer sooner rather than later. You have a limited time in which to file a claim for damages if you were falsely arrested or imprisoned. Before trying to forget about the whole unfortunate event, consult with an attorney to learn about your options moving forward. No one should have to suffer through a false arrest. Julie Rendelman is a highly experienced New York City criminal defense attorney. Ms. Rendelman offers free consultations to prospective clients at 212-951-1232. Learn more about the types of cases Ms. Rendelman handles at www.RendelmanLaw.com.
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