False Arrest And Malicious Prosecution Victims May Have Civil Suits
Being arrested can be humiliating and embarrassing. The arrest can ruin your reputation in the community, cause you to lose your job and have many other negative consequences. Further damage is done if the arrest leads to malicious prosecution. If you have been falsely arrested or prosecuted unduly, you may have a civil suit against the police for the damage they caused.
The Bagley Firm, P.C., represents people who have been falsely arrested or maliciously prosecuted. Our false arrest attorney Nicholas Bagley was among only 2.5 percent of New York state’s attorneys to be named into the Rising Stars list by Super Lawyers. He can help you through trying times.
Call us in the New York at 718-705-7999 to schedule a free case consultation.
False Arrest And Probable Cause
False arrest charges also include false imprisonment. Your Fourth Amendment rights may have been violated if the police had no reason or probable cause to arrest you. Additionally, the arrest prevents you from the freedom and liberty to be in this country and go about your life.
Probable cause ensures a right to privacy for citizens. The police or other legal authorities must prove they had reason to search you or to search your private property. An attorney can help you determine if probable cause was present or not or may use this as part of your case for false arrest.
What Do You Need To Prove Malicious Prosecution?
Malicious prosecution occurs when someone is tried for a crime without any basis for their guilt. In order to prove malicious prosecution, four elements must be proven:
- The original case ended in your favor.
- The defendant we are now seeking damages from was, in fact, part of your original case and actively pursued prosecution.
- There was no probable cause for the original case, or there was no basis for the case.
- The defendant had ulterior motives or reasons for pursuing the case against you.
These cases can include civil or criminal charges.
Delaying Could Cause You To Lose Your Rights In These Civil Suits
In New York, a claim for malicious prosecution against a municipality must be filed within 90 days of the termination in your favor and a lawsuit commenced within one year and 90 days of that favorable termination. So it’s crucial your case be handled in a timely manner.