Legal Question in Civil Rights Law in New York

False Arrest

According to the statements below I may have a case against NYC for false arrest. My case was ''declined Prosecution by the DA and the arresting Detectives were vague as to the probable cause of my arrest.

Do I have a case ?

Research

In New York, cases involving false arrests can result in damages awarded to the victim. The key issue is not guilt, but whether the police officer had what is known as ''probable cause'' to make an arrest and pursue prosecution.

Very weak charges are frequently dismissed outright, either at the first court appearance after the arrest or shortly thereafter. An outright dismissal presents the best opportunity for a civil lawsuit against the New York, because it means that the DA or judge knew the case was very weak. On some occasions a DA declines to prosecute despite an arrest. This creates an even greater chance for a lawsuit in false arrest cases.


Asked on 11/14/06, 1:31 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: False Arrest

Maybe, I would need more information.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/15/06, 10:06 am


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