Insights from an NYC False Arrest Lawyer

As experienced NYC false arrest lawyers, we know that police misconduct can be life-changing.

Victims of police misconduct face the loss of liberty, reputation, livelihood, and more.

Although you can’t change what the police did to you, our civil rights laws provide you with a remedy.

At Cody Warner, P.C., we routinely get justice in court for our clients who were falsely arrested by the NYPD. Contact us today to learn how we can help you.

Types of Claims Against the Police

If you are the victim of police misconduct in New York City, you may be able to bring a variety of claims against the NYPD. Some of the claims you may be able to bring against the police include:

False Arrest
Excessive Force (Police Brutality)
Denial of Right to a Fair Trial
Failure to Intervene
False Imprisonment
Malicious Prosecution
Denial of Equal Protection
Malicious Abuse of Process

If the police violated your civil rights, you may be able to bring any one or more of these claims against the police. In our experience at Cody Warner, P.C., the most common civil rights claims brought in New York City are for False Arrest, Malicious Prosecution, and Excessive Force.

Can a False Arrest Lawyer Get Me Compensation for Police Misconduct?

If the police unlawfully arrested you or engaged in other police misconduct, such as excessive force or false imprisonment, you may be able to receive financial compensation.

The amount of compensation will be dependent on the details of the police misconduct. Some important factors include:

how long you were in jail
whether you were injured
the extent of any injury
whether other officers stood by and did not stop the misconduct
whether the police fabricated allegations
whether the police discriminated against you
whether you suffered employment consequences from a failed background check

Some cases may be worth a coupl e thousand of dollars, while others may be worth millions of dollars. At Cody Warner, P.C., we try to extract the maximum value out of all of our clients’ cases. Contact us today to get an estimate of your case’s value.

The Basic Steps of a Lawsuit Against the Police

If you decide to initiate a lawsuit against the police, your case will go through several main phases until the case is resolved. These phases include pleadings, discovery, legal motions, settlement negotiations, and trial. Importantly, we’ve found that some claims against the NYPD can be settled before a lawsuit is even filed. If pre-litigation settlement isn’t possible, then a case will go through the following litigation steps:

Pleadings

A lawsuit begins once the plaintiff files a complaint with the court. This first stage is also known as the “pleadings” stage of a case. In the complaint, your lawyer will outline all your allegations against the police.

After receiving your complaint, the police will file an “answer,” in which the police admit or deny the claims in the complaint. The police may also raise defenses to the allegations.

Discovery

The next—and most time consuming—part of the case is the discovery phase, which is when both parties exchange the information they have about the case.

During this phase, both parties may depose witnesses to gather information about what happened. Parties will also request records from each other and third parties.

Legal Motions

After the discovery process is completed, the parties may file legal motions. The police usually file a motion to dismiss the case via summary judgment by arguing that the facts don’t support the allegations. The plaintiff’s lawyer will, in turn, argue why the established facts do support the claims. If the judge does not grant the police’s motion for dismissal, then the case will go to trial.

Settlement Negotiations

In our experience, settlement negotiations can happen anytime during a case. In fact, settlement negotiations can even occur before a lawsuit is initiated. However, many settlements are reached once the discovery process is completed, because after discovery is completed, both sides have a fuller understanding of what happened and can determine a fair settlement amount. If a settlement agreement is never reached and the judge does not dismiss the case, then the case will proceed to trial.

Trial

During trial, you will present evidence to support your claims that the police violated your rights. Such evidence can include witness testimony, video footage, medical records, expert testimony, and other forms of evidence.

Once all evidence is presented to the jury, your lawyer will argue to the jury why the facts support a conclusion that the police violated your rights.

If the jury finds that the police violated your rights, then it will also decide how much compensation you should receive from the police.

What are the Elements of False Arrest in New York?

A False Arrest claim requires proof of the following four elements:

The police intended to confine the person;
The person was conscious of the confinement;
The person did not consent to the confinement; and
The confinement was not otherwise privileged.

In our experience, most False Arrest cases are won or lost depending on whether element #4 is established—the confinement was not otherwise privileged. The most common way in which a confinement (arrest) is privileged is when the police have probable cause to make an arrest. So, if the arresting officer had probable cause to make an arrest, then the arrest was lawful. However, if the arrest was not supported by probable cause, then an unlawful arrest likely occurred and you would be entitled to receive compensation.

It can sometimes be difficult to assess whether the police had probable cause to make an arrest, so if you think you may be the victim of false arrest, contact an experienced NYC wrongful arrest attorney, who can evaluate your case to determine whether you have a strong claim.

Importantly, Cody Warner, P.C. focuses on criminal law, so we are always on top of the evolving caselaw surrounding the probable cause, and we can thoroughly evaluate whether or not probable cause existed for your arrest. After analyzing whether the police had probable cause, we can determine whether you have a strong legal claim against the police.

What are Examples of Wrongful Arrest?

Wrongful arrest cases typically happen when the police allege they observed you commit a crime, but you didn’t actually commit a crime. In our experience, these false allegations often occur after there is a tense confrontation or argument between you and the police.

Importantly, the police are usually justified to arrest you if an identified person says that you committed a crime, even if that person is lying. For instance, if someone says you committed a Domestic Violence offense, the police can rely on that person’s word to legally arrest you. However, if the police have other evidence that contradicts the witness’ claim, they might not have probable cause to arrest you. An experienced NYC False Arrest lawyer can analyze the specifics of your case to determine whether you have a strong claim.

Choosing Cody Warner, P.C., Experienced NYC False Arrest Lawyers, to Represent You

If you have a police misconduct claim against the NYPD, the firm you select to represent you can make a big difference. The firm you choose can impact your likelihood of success, and if you are successful, it can affect the number of zeros at the end of your check.

To be successful with police misconduct cases, a firm needs to thoroughly understand criminal law. A firm needs to know whether the police have probable cause for an arrest. The firm needs to know whether the facts supported criminal charges. Many firms that take police misconduct cases are general plaintiff law firms. Those firms handle very different legal areas, like medical malpractice, car crashes, and construction site injuries.

Unlike those firms, Cody Warner, P.C. is an NYC criminal defense law firm that is always exploring the issues related to police misconduct. We routinely get settlement checks for our clients who were wronged by the NYPD. If you want to know whether your doctor botched your operation or a construction crew created unsafe conditions, then look elsewhere. If you want to know whether the police department violated your rights and the worth of your legal claim, then you’ve found the right place. Our team has extensive experience litigating police misconduct cases and will make sure that the police are held accountable their wrongdoing.

Were You the Victim of Police Misconduct? Call our NYC False Arrest Lawyer Today

If you were falsely arrested, call our law office for a free consultation. We will discuss your case to assess whether you can sue the police for violating your civil rights. We take our police misconduct cases on a contingency basis. You will not pay out-of-pocket costs to sue the police. We only get paid if you win.