Everybody makes mistakes, and police officers are no exception. Unfortunately, a minor oversight or lapse in judgment can lead to a false arrest.
According to the United States Commission on Civil Rights, the NYPD has been the subject of much scrutiny when it comes to false arrests and the violation of private rights.
Though it may have been a legitimate mistake, a false arrest should not void your freedoms as a U.S. citizen. You must hold the NYPD accountable for the incident.
If police falsely arrested you, then a New York City criminal lawyer from Goldberg & Allen, LLP may be able to help. The legal system can be unpredictable, but an attorney from our firm can aggressively fight for a positive outcome to your case. Call us today at 212-766-3366 to schedule a consultation.
In the meantime, here are four steps to take following a false arrest:
- Ask for a police report as soon as possible.
Any time someone faces criminal charges, they can request a copy of the accompanying police report. Your attorney can review this report to identify any inconsistencies and violations of arrest procedure.
- Speak to witnesses.
Eyewitness accounts can help strengthen your claim if you file a lawsuit for false arrest. You may need to track down people you do not know, which can be challenging, but witness testimonies can be critical evidence to support your claim. Your attorney can help you find the contact information of potential witnesses and gather other evidence.
- Consider working with an attorney.
Filing a successful lawsuit for false arrest is no easy task. With all the intricacies of the legal system, you might find the process overly complex.
An attorney can help you navigate the legal system. In addition to helping you gather evidence, a lawyer can structure your claim, complete the paperwork and help you avoid critical mistakes that could compromise your claim. An attorney can handle your settlement negotiations to ensure the maximum payout, and if your case goes to trial, he or she can represent your interests in court.
- File your claim quickly and accurately.
You should never hesitate to file a claim for a false arrest. State law requires that you submit your claim to the Comptroller’s office within 90 days of the incident. This claim should be as detailed as possible.
Make the effort to note every aspect of the arrest as accurately as possible, including any injuries that you may have sustained. If you are unsure of what else to include in the claim, a lawyer can help you sort out the more important details.
If you were the victim of false arrest, then a New York City criminal attorney from Goldberg & Allen, LLP may be able to help. We offer free initial consultations. Call us today at 212-766-3366 to schedule an appointment.
