What to Do When You Are the Victim of a New York False Arrest
In the course of making over 100,000 arrests in New York City each year, the NYPD makes numerous arrests of innocent people.
In addition, as has been reported in local news media, a number of incidents of the use of excessive force by police have been documented in 2014.
Just recently a Staten Island resident was killed by a member of the NYPD using an illegal chokehold.
Mistakes are not acceptable when they result in an innocent person going to jail or becoming injured.
When people become the victims of false arrest, false imprisonment, malicious prosecution and police brutality, they have the right to seek compensation for what has happened to them.
What if you or someone you know is arrested for a crime you did not commit or becomes the victim of police brutality in New York? What should you do? While the NYPD has a Department of Internal Affairs and a Citizen's Complaint Review Board, these entities address police misconduct only after it happens.
If you are wrongfully arrested in New York, first and foremost you must remain calm and do not resist arrest.
No one has ever talked themself out of an arrest.
If a cop is so morally bankrupt as to arrest an innocent person or use force against another human being, forget trying to reason with them as a human being.
As politely as you can, ask to call your attorney or family.
Other than that request, do not provide a statement to the police about your conduct.
You can and should provide information about your name, address, and phone number to the police.
If you are injured request medical treatment and be specific about the nature of your injuries.
Cooperate with medical personnel.
If your injuries were brought on by the police, fully describe how the injuries occurred to nurses and doctors.
It cannot be repeated too many times, remain calm.
Your arrest will be processed and you will be taken to court.
There you will have the opportunity to speak to a criminal defense lawyer.
In all 5 boroughs of New York City a Legal Aid lawyer or other public defender will appear for you at your initial appearance or arraignment.
If your family is able to retain a private attorney, they will appear for you instead of the public defender.
If you believe that you were falsely arrested do NOT plead guilty to anything at your initial appearance before the judge.
After waiting 24 hours in jail many people will plead guilty simply to get their case over with.
If you plead guilty to a lesser offense, even to a violation, or take an "ACD" (Adjournment in Contempation of Dismissal) you will likely forfeit the claim to false arrest.
Once you appear before a judge and are released, get medical treatment for any injuries and take photographs.
Next, call a qualified New York False Arrest Attorney to discuss the circumstances of your case.
The attorney will advise you of what steps to take to preserve your claim.
In most instances, if you can afford to hire the same attorney to defend you on the criminal charge you are better off.
In New York City you only have 90 days within which to file a notice of claim against the City.
After that date, you may lose the right to seek financial compensation for your damages resulting from being falsely arrested.
If you or a loved one has been the victim of false arrest or the use of excessive force by law enforcement, you deserve to be compensated for your injuries and losses.
In addition, as has been reported in local news media, a number of incidents of the use of excessive force by police have been documented in 2014.
Just recently a Staten Island resident was killed by a member of the NYPD using an illegal chokehold.
Mistakes are not acceptable when they result in an innocent person going to jail or becoming injured.
When people become the victims of false arrest, false imprisonment, malicious prosecution and police brutality, they have the right to seek compensation for what has happened to them.
What if you or someone you know is arrested for a crime you did not commit or becomes the victim of police brutality in New York? What should you do? While the NYPD has a Department of Internal Affairs and a Citizen's Complaint Review Board, these entities address police misconduct only after it happens.
If you are wrongfully arrested in New York, first and foremost you must remain calm and do not resist arrest.
No one has ever talked themself out of an arrest.
If a cop is so morally bankrupt as to arrest an innocent person or use force against another human being, forget trying to reason with them as a human being.
As politely as you can, ask to call your attorney or family.
Other than that request, do not provide a statement to the police about your conduct.
You can and should provide information about your name, address, and phone number to the police.
If you are injured request medical treatment and be specific about the nature of your injuries.
Cooperate with medical personnel.
If your injuries were brought on by the police, fully describe how the injuries occurred to nurses and doctors.
It cannot be repeated too many times, remain calm.
Your arrest will be processed and you will be taken to court.
There you will have the opportunity to speak to a criminal defense lawyer.
In all 5 boroughs of New York City a Legal Aid lawyer or other public defender will appear for you at your initial appearance or arraignment.
If your family is able to retain a private attorney, they will appear for you instead of the public defender.
If you believe that you were falsely arrested do NOT plead guilty to anything at your initial appearance before the judge.
After waiting 24 hours in jail many people will plead guilty simply to get their case over with.
If you plead guilty to a lesser offense, even to a violation, or take an "ACD" (Adjournment in Contempation of Dismissal) you will likely forfeit the claim to false arrest.
Once you appear before a judge and are released, get medical treatment for any injuries and take photographs.
Next, call a qualified New York False Arrest Attorney to discuss the circumstances of your case.
The attorney will advise you of what steps to take to preserve your claim.
In most instances, if you can afford to hire the same attorney to defend you on the criminal charge you are better off.
In New York City you only have 90 days within which to file a notice of claim against the City.
After that date, you may lose the right to seek financial compensation for your damages resulting from being falsely arrested.
If you or a loved one has been the victim of false arrest or the use of excessive force by law enforcement, you deserve to be compensated for your injuries and losses.
