Contact Us if You’ve Been Unfairly Arrested
Police officers have a position of power that is supposed to be used to protect citizens. But all too often, this power is used unjustly as thousands of innocent people are arrested every year for crimes they did not commit. Though many officers complete their daily duties without incidence, there are others that take things too far, using their authority to intimidate and detain innocent people, sometimes causing mental distress and even physical harm. The team at Schalk, Ciaccio & Kahn is here to stand up for your rights against a false arrest. Our team is based in Long Island but can represent clients throughout Nassau County. Please reach out to us if you feel that you’ve been falsely arrested, and we’ll help you!
What Is False Arrest?
False arrest is defined as any instance where a police officer or other individual detains and arrests a citizen without meeting the standards of the law. This can take place in many different ways, as officers often use their position of power to intimidate individuals into following their commands, even if they’ve done nothing wrong. Falsely arresting citizens is a much more common problem than many people realize and is a clear abuse of power. It should not be allowed to continue, and the best way to fight it is to file a lawsuit against the department or officers involved.
Police Must Respect Your Rights
Though police officers do have a position of authority, they still have rules they must abide by in their conduct. You, as a citizen, have rights, and police officers must respect them. This means they cannot detain and arrest you without proper justification. Therefore, certain circumstances must be met in order for an arrest to be considered lawful. For example, an arrest is only lawful if one of the following conditions is met:
- There is an outstanding warrant for your arrest.
- The officer believes you are a suspected felon who is trying to flee the scene of a crime.
- The officer has reasonable cause to believe that you were involved in a criminal offense.
- You are interfering with a lawful investigation or arrest.
Types of False Arrest
A false arrest can take many different forms and can occur in many different circumstances. No matter how it happens, it is still an unjust act, and you have the right to fight back against the person or department who wrongfully arrested you. Most often, this means filing a civil lawsuit to obtain damages for the acts against you. You may be able to file a lawsuit in either type of false arrest cases:
- False Arrest by the Police: This is the most common and well-known form of false arrest and is perpetrated by a police officer. Police are only able to arrest you if certain conditions are met, making an arrest outside these conditions unlawful. If you believe a police officer violated your rights and arrested you without cause, you may be able to bring a lawsuit against them.
- False Arrest by Private Individuals: Private individuals can also commit false arrests when they restrain someone without lawful authority. This most often occurs with private security guards who attempt to stop people who they believe may have shoplifted, even if they didn’t see any proof of unlawful acts. This type of false arrest is slightly different than the acts committed by a police officer and is usually referred to as false imprisonment, i.e., detaining someone without cause or consent.
How We Can Help You File a Lawsuit
If you were wrongfully arrested, you have a right to seek damages for the emotional distress and physical harm that may have been caused during the event. The only way to do this is to file a civil lawsuit against the offending parties. Our team can help you do just that. We have the experience and knowledge needed to understand your situation and represent you during the lawsuit and will fight to get you the outcome you deserve. Our team has experience gathering and interpreting all reports and police documents, which will help us successfully litigate your claim.
Contact Us for a Free Consultation
Schalk, Ciaccio & Kahn has a team of legal professionals to help you in many situations. False arrest is just one of our many areas of service. We have years of experience representing clients in criminal matters, workers’ compensation cases, and personal injury. If you need legal representation, we are here to help, and it’s best to get our advice sooner rather than later. You must take a proactive approach in all legal matters, as it will help increase your chances of a successful outcome. Please reach out to us today to request a free consultation about your case.