Bronx False Arrest Lawyer
Fighting for Justice for Those Wrongly Arrested
The U.S. Constitution provides that every person in this country has the right to due process. That means if an individual has been suspected of committing a crime, their rights cannot be violated during any part of the process. Sadly, even though this protection is in place, law enforcement officials might disregard it and engage in unfair conduct, especially when arresting a person. If you were subject to a false arrest, you might be entitled to pursue civil action against the officer to obtain compensation for damages you sustained.
At The Law Offices of Elliot S. Kay, we firmly believe that everyone should be protected from misconduct committed by law enforcement officials. As such, when such injustices occur, we fight hard to ensure that the person is held accountable for their illegal actions. When you turn to us for your false arrest claim, you can rest assured knowing that your case is in the hands of a lawyer who has your best interests in mind.
To schedule a free consultation with our team, call us at (646) 759-9233 today.
What Is a False Arrest?
Before delving into the specifics of a false arrest, we'll first look at when an arrest is considered legal. Generally, a police officer can arrest you for a crime under two conditions: when they have a warrant or when they have probable cause.
A warrant is a legal document issued by a judge that authorizes a police officer to take you into custody if you've been suspected of committing a crime.
Probable cause means that an officer has reason to believe you have committed or will commit an offense. The crime could have been carried out in front of them, or they may go off the word of a witness.
A false arrest occurs when an officer did not have a warrant or probable cause to take such action; however, they intentionally did so regardless. Although we mention a false arrest in terms of a law enforcement official's actions, anyone who unlawfully confines an individual without their consent or legal authorization to do so could be violating that person's rights.
What Legal Recourse Is Available After a False Arrest?
As mentioned before, if you were victim to a false arrest, you may be entitled to compensation. That means you could pursue a lawsuit in a civil case against the perpetrator. These matters are quite complex and involve proving various elements in court, which is why it is crucial to have a skilled Bronx attorney providing sound legal guidance and presenting a solid strategy on your behalf.