New York City Wrongful Arrest Attorneys

What Is Wrongful Arrest?

Wrongful arrest, also known as false arrest, occurs when an individual is detained or taken into custody without legal authority or consent, unlawfully restraining their freedom of movement. It is a serious violation of constitutional rights and can take many forms depending on the circumstances.

Common Types of Wrongful Arrest Cases

1. Arrest of the Wrong Person

Arresting someone without cause or beyond legal authority—such as detaining a person mistakenly identified—is a common form of wrongful arrest.

2. Arrest Without Probable Cause

Police must have probable cause—a reasonable belief based on facts—that a person has committed a crime before making an arrest. Arrests made on hunches, feelings, or insufficient evidence violate constitutional protections.

3. Lying to Obtain an Arrest Warrant

There have been cases where law enforcement officials have falsified or exaggerated facts to obtain arrest warrants, leading to unlawful arrests and subsequent lawsuits.

4. Race-Based Arrest (Racial Profiling)

Discriminatory arrests based on race are a widespread issue, where individuals are targeted without lawful cause due to their racial or ethnic background.

5. Malice-Driven Arrest

These arrests are motivated by ill intent, such as punishing individuals for unrelated reasons, covering up misconduct, ruining reputations with baseless charges, or diverting attention from the actual perpetrator.

6. Arrest Without Reading Miranda Rights

When a suspect is taken into custody and questioned, police are required to inform them of their Miranda rights (right to remain silent, right to an attorney, etc.). Failure to do so can invalidate any statements made.

Examples of Wrongful Arrest

  • A security guard detains a customer accused of shoplifting without any evidence, and law enforcement arrests the individual.
  • Police arrest a person after planting evidence or forcing false confessions.
  • Arrests made simply because the officer is annoyed or as retaliation.

Legal Remedies for Wrongful Arrest

Victims can pursue compensation for:

  • Medical Bills: Injuries sustained during the arrest.
  • Lost Wages: Income lost due to detention.
  • Pain and Suffering: Emotional trauma and mental anguish.
  • Presumed Damages: Civil rights violations that do not require proof of injury.

Why You Need an Attorney After a Wrongful Arrest

Proving wrongful arrest can be challenging due to police protections such as qualified immunity. Experienced attorneys help gather evidence, challenge probable cause claims, and pursue compensation for civil rights violations and personal injuries.

False Arrest and Probable Cause in New York

In New York:

  • Police need probable cause or a valid arrest warrant to make an arrest.
  • Probable cause means reasonable belief, supported by facts, that a crime has been committed.
  • Arrest warrants require sworn affidavits establishing probable cause.
  • False arrests often occur during controversial practices like “stop and frisk,” which sometimes leads to racial profiling.

Damages in New York False Arrest Cases

Victims may recover:

  • Lost wages and benefits.
  • Future lost earning potential due to a criminal record.
  • Emotional distress.
  • Medical expenses related to the arrest.
  • Punitive damages for especially malicious or egregious conduct.

Filing a False Arrest Claim in New York

  • notice of claim must be filed within 90 days of release from custody to pursue legal action against government entities.
  • Failure to file timely may bar the case.
  • Civil rights attorneys can assist in navigating the complex procedural requirements.

Holding Law Enforcement Accountable

Police officers and departments must be held accountable for misconduct, including false arrests. If you or a loved one has been wrongfully arrested in New York or New York City, consulting with experienced civil rights and false arrest attorneys is critical to protecting your rights and obtaining justice.

A police officer’s badge does not give the officer carte blanche to arrest any person on a whim or impulse or because he doesn’t like the way the person looks or dresses or the color of the person’s skin. While it is a fundamental civil right, a New York City false arrest

attorney knows that an officer oversteps boundaries far too often to make an unjustified arrest.

If you need help or legal advice, reach out to specialized wrongful arrest attorneys who can provide a free case evaluation and guide you through the process of filing claims and seeking damages.

Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462)

If you believe you were the victim of false arrest, the false arrest attorneys at Greenstein & Pittari, LLP are here to help. Our firm’s motto is “Don’t Be a Victim Twice”.  If you are a victim of a wrongful arrest case, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful. The false arrest attorneys at Greenstein & Pittari, LLP are skilled at handling police misconduct cases.

We have seven convenient locations throughout New York. We maintain offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County. Your convenience is our top priority!

Top-Rated, Award-Winning Lawyers

Since our founding, Greenstein & Pittari have recovered millions in compensation for accident injury victims. Our legal strategies, dedication to detail, and client-first approach have earned us a reputation as trusted, results-driven personal injury advocates.

Our nationally recognized personal injury lawyers have earned top ratings and awards from respected legal publications and professional review services such as:

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