Falk & Klebanoff works with clients on Long Island and throughout New York with personal injury cases, as well as in the case of false arrests. A false arrest is when a civil lawsuit is brought about seeking damages from the responsible party. So, if you have been arrested, detained or held against your will then you might have a case for a false arrest. Whether it was by a police officer, a security guard, or someone else, the thought might be running through your head if the action was lawful.
If you want to pursue a criminal or civil case, then get in touch with Falk & Klebanoff. Courts look at specific criteria to determine whether a false arrest has happened. And our team of lawyers can review your case to determine if it warrants a false arrest.
A false arrest is the unlawful restraint of a person's freedom of movement. So there are a few different circumstances where this can happen:
When it comes to a false arrest, the first culprit people think of are police officers. But it is important to note that any person can be liable for a false arrest charge. Not just police officers.
The person bringing the lawsuit needs to show a couple aspects in order to win a case:
Now let's take a look at what each of these elements mean and how a false arrest lawyer can navigate the circumstances.
False arrest is an intentional tort, which means that the person who commits it has to have done in on purpose.
When it comes to false arrest lawsuits, there are a few common culprits. Those culprits are police officers, security officers and store owners and managers. But anyone who holds someone against their will can be found guilty of a false arrest. In most cases, the intent is clear. However, there are times that the intent of the defendant is disputed. For example, if a store manager locks a dressing room without knowing someone is inside. There is no intent of confining the person in the dressing room. So there is no case for a false arrest. Proving intent is the number one factor in determining a false arrest case.
To be conscious of the confinement means that the person was aware of the arrest. For example, if a police officer brings an individual who is found drunk and unconscious to the police station and locks the person away for a bit, but then unlocks it, it can be deemed that the person was not conscious or aware of the confinement. That is because the person was never aware of the confinement, thus no false arrest.
Consent typically is not an issue when it comes to a false arrest case. If a suspect turns himself into the police for a crime and consents to being arrested, then he cannot later claim a false arrest.
This element is typically the most contested in court. An arrest is privileged if it is legally justified. A warrant or a court order clearly justifies an arrest. Another defense to a false arrest claim is probably cause, which is more vague and harder to prove in the court of law.
For any of these false arrest elements, you may need a lawyer on your side. If that is the case with you, then please reach out to Falk & Klebanoff today.