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False Arrest Claims Allow Victims to be Compensated for Damages.

1/17/2012

18 Comments

 
A Defendant’s attorney finishes his plea to the Court and demonstrates that there is no evidence to support the arrest or charges made against his client.  The Judge reviews the evidence and dismisses all charges against the Defendant.  Naturally, a person is excited to learn that the case has been dismissed.  However, this joyous feeling is short lived.  Just moments after the words “case dismissed” have left the mouth of the Judge, a person will remember the anxiety and fear that took over his or her life from the moment of the arrest.

A common misconception among those who have been arrested is that once a case against them is dismissed, they have been vindicated and made completely whole once again. In reality, the traumatic effects of an arrest can remain with a person for the rest of his or her lifetime. The ill effects are even harsher when the original arrest was wrongful or frivolous.  When there was no probable cause to support the original arrest, a person has been the victim of a False Arrest. 

Thankfully, the law provides such a person with a mechanism to recover for the loss and hardships suffered as a result of the arrest. This action is commonly referred to as a False Arrest Claim. By filing a False Arrest claim, the victim can sue the Police, City and/or any other entity which caused the arrest to be made.

A victim of a False Arrest can seek to collect for the following: (1) Time in Custody/ Jail (known as false imprisonment); (2) Physical Injuries suffered; (3) Violation of Civil Rights (when arrest is based on race, color or creed); (4) Length of prosecution; (5) Number of required court appearances; (6) Loss of Employment; (7) Loss of Earnings; and (8) Damage to Reputation.

Although a False Arrest claim allows the victim to be compensated, there is a small window of time in which the claim must be filed.  A claim can be filed against any party who was involved in the arrest.  The Police are sued as employees of the City.  The law provides that any claim against the City must be made within a short amount of time. In both New York and New Jersey, a claim against a city must be filed within 90 days. In New York, the law suit must be started within a year and 90 days of the arrest and in New Jersey, this period is two years.

In sum, the law affords victims of false arrests an avenue to recover for the various damages. However, victims must act expeditiously in filing a claim in order to preserve their right to file a suit against a municipality.  If you feel you have suffered as a result of a false arrest, it is important that you contact a False Arrest Attorney in order to learn how to begin your road to compensation.

18 Comments
steve logsdon
3/13/2014 11:42:12 pm

iwas wronfully arested and judge admits doing so and refunded bail i want t sue

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luvbug
7/7/2015 05:59:49 pm

I was falsely incarcerated for 9 days. Im fighting now for justice.

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Rasheed Eley
9/23/2015 06:02:58 pm

I was faulsely arrested last oct. 1 ,2014 took out my car they walked me down the street to a parking lot were they had other people detained n sat me with them. I neva had n e thing n didnt find out what my charge was until i went to court n then found out i had a co d but we was charged seperate. I told my p.d trial cause i was not taking anything. They went from a 5 with a30 month to probation. To d.p , still said no im not taking nothing . monday they dismissed my charge n my co d, copped out to probation for everything n his offer was a 4 with a 2. Dats how u no it was b.s. they even tried to keep n sue me for my money. Neva had drugs on me at all. Dis was oct.1 ,2014. Somebody talk to me

Reply
Shaquan
11/10/2016 10:34:57 am

I was arrested based on fabricated evidence and spent nearly three years in jail, even though there was video evidence of the crime that prove i was innocent. Even the photo the victim picked didn't match the description she gave.

Reply
Judah Fuld
11/10/2016 11:38:42 am

Shaquan, give our office a call to see if we can help you with your claim. (718) 410-4111

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Ed Chiarini link
1/15/2017 03:27:50 am

I was wrongly arrested and was found not guilty in the Texas Supreme Court Please see Chiarini v Texas. It's caused Texas to address the handgun laws and pushed the open carry legislation. I would like to sue the Dallas County Police Department. Do I have a case?

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Joel E Santana
8/13/2017 02:43:00 am

I was arrested on a violation of injunction. This injunction was dismissed 4 months earlier. I have lost wages I have lost bail money as well as mental distress and I reputation.

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Padro
9/5/2017 03:16:01 am

Officers of the court have no immunity when it comes to violatating a constitutional right from liability for they are deemed to know the law. Owen v independence... Don't be fooled there is no limitation when it comes to violating a constitutional right....they are still sue able no matter how much time has passed learn the law.

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Shelly link
11/5/2017 08:38:22 pm

I spent 543 days held prisoner inside my home.Still it's ignored they don't like to see the little guy win in court.

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Maxine Breeden
12/14/2017 05:44:48 am

I was arrested and briefly detained on a 2c:20-11B. From the beginning I maintained my innocence and even filed a claim with the county seeking restitution since I was placed out on suspension from my job pending the outcome of this case. The county threw this case out siting they were unable to serve my accusers. Now after bein* found not guilty I am wonderin* if you could help me, my mom nearl6 suffered a heart attack when I was arrested and I feel that she perhaps should be compensated also since an ambulance was called and they wanted to bring her to the emergency room due to elevation in her pressure. She refused to go since she was worried abou5 me thus putting her own life in jeopardy... Are you able to help?

Reply
Judah
12/14/2017 06:12:40 am

Maxine, please contact the office to discuss with an attorney. (718) 410-4111.

Reply
https://www.eliaandponto.com link
10/21/2018 06:33:34 am

This is really a nice and informative, containing all information and also has a great impact on the new technology. Thanks for sharing it,

Reply
Anonymous
11/6/2018 12:13:57 am

Why two years limitation to sue for being arrested and charged with a crime that destroys your life and destroys your reputation forever?

Changes need to be made to stop careless and reckless police making arrests and charging people with crimes they didn't commit.Every attorney I spoke with "before" my case was dismissed would not file a lawsuit for my arrest.They all said the criminal case had to be dealt with first,then a civil case coukdcbe filed once the criminal case is over.
So if that's the case and by the time your case is dismissed two or more years have passed then how is person to file a lawsuit for the arrest?
Seems very fishy and down right unlawful and unfair to anyone that has gone through such an ordeal..The police should be held liable for an indefinite time .They ruin a person's life and reputation forever.Makes no difference if you have an arrest expunged.All anyone has to do is google your name and/or name and address and your arrest is right there! Pow! At least if was published in the newspaper.Having a retraction publish in the paper only gets your arrest published again.Doesn't undo the damage.Doesn't erase the arrest from Google searches.Once a person is arrested the arrest is published for the public to see and find on the internet,well there ya go.You're guilty,damage is done no erasing it,no fixing the damage,the anxiety,lost time,freedom,money,etc.

Reckless police should be held accountable for thier actions for an unlimited amoutamof time and ,not given brownie points for destroying someone's reputation, arresting and charging people for crimes until they have positive proof beyond a doubt that a person comitted the crime.

People need a group of pro bono attorneys or some organization to help victims of reckless,malocious arrests and attempted malicious procecution.I also know first hand that police are some of the biggest liars and frabicators of non truths on earth.
That needs to change.

Judges,DAs and sheeple need to stop taking the police's word as the gospel truth.Anyone awake in this country knows of the never ending police corruption in America now.The amount of bad cops arrested for crimes in some small towns is down right disgusting and yet many people still trust them because they either fear the police or they think the police are going to protect them.Most attorney's are pompous asses as well.Many aren't fit to represent any human being.The justice system is riddled with far far too many problems and injustice that need to be addressed and fixed.

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david dymock
4/23/2019 05:56:17 pm

I'm a 32 year old nurse and former combat medic April 20th of 2018 to neighbors lied to the police and told them that I tried to grope them however there were six witnesses that said I never came anywhere near them police refused to take their statements and subsequently my nursing career has been extremely damaged in my reputation as well. The Onondaga assistant district attorney was nothing if not negligent as she had witness statements saying they overheard the accusers admit that they had lied to the police and fabricated the entire thing today I lost a $56,000 a year job in cardiology due to that arrests and even though I was not found guilty this has damaged my life and ability to be a nurse.

Reply
Anonymous
4/23/2019 08:15:16 pm

I think this is a dead thread as far as the law office that started.So telling your story here will most likely not help any

Reply
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7/11/2020 12:18:03 am

HP DesignJet plotter repair service and support company that offers onsite next day service at affordable rates.

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Russell Williams
9/14/2020 01:36:46 am

On March 7th to people try to rob me and my fiance and altercation took place Day Spa lawsuit against are they filed against me had me arrested for assault I went to jury trial and I was acquitted of all charges who do I what do I do about getting my money back that I lost

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Philip
4/11/2021 09:06:38 pm

My situation is too complex to type here. All I can say is that I was arrested based on invalid warrants. I'm out on a personal recognice bond. My state has suspended preliminary trials due to the pandemic and it's been over 300 days now without a trial. There is video evidence of the police misconduct but seemingly no procedure to achieve freedom from prosecution based on the invalid warrants except to wait until trials are again started in my state.
The disabled man is now blackmailing me and I'm being forced to let him live with me and physically/financially support him or he'll refuse to testify at trial. And I'm worried that because of his heart condition he might not survive long enough to make it to the trial.

Reply



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    About the Author

    Prior to joining the office, Judah Fuld served as the Law Clerk to the Honorable David H. Ironson, Superior Court of New Jersey, Criminal Division. Judah first appeared in court as a member of the Fordham Criminal Defense Clinic and has since expanded his work to various areas of criminal and civil law. 

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