I Was Falsely Arrested in the Bronx: What Do I Do Now?

On September 23, 2024 by No Comments

Any contact with law enforcement can be a frightening situation. Maybe you have to talk to the police about something that happened to you. Even scarier is when you are accused of something you did not do and are falsely arrested.

A false arrest occurs when a person is arrested or detained by a police officer or some other law enforcement officer without justification (such as an arrest warrant or probable cause). Although law enforcement officers are legally permitted to arrest and imprison others, these powers are not absolute. The law imposes limits, with the Constitution outlining our legal rights. If you have been falsely arrested, you definitely need to seek legal help right away.

Why Do People Get Falsely Arrested?

False arrests occur due to a variety of reasons, such as the following:

• Mistaken identity. Individuals may be falsely arrested when they are misidentified as suspects in a crime.
• Incomplete investigations. Inadequate or rushed police investigations can lead to wrongful arrests. If law enforcement relies on unreliable evidence, innocent people can be mistakenly apprehended.
• Bias and profiling: Racial, ethnic, or socioeconomic biases can lead to the wrongful arrest of individuals based on stereotypes or assumptions, rather than concrete evidence.
• False accusations. People may be falsely accused by others, whether due to personal grudges, mistaken recollection, or malicious intent. This can lead to wrongful arrests.
• Errors in law enforcement databases. Faulty records in criminal databases, such as outdated warrants or incorrect information, can result in the arrest of people who have no involvement in a crime.
• Witness misidentification. Witnesses may unintentionally misidentify a person as the perpetrator of a crime, leading to wrongful arrests. This can happen due to poor memory recall or stress during the event.

What to Do if You are a Victim

Have you been falsely accused? If so, take the following steps:

• Document the incident.  Write down all the details about the arrest, including the date, time, location, names of the officers involved, and any witnesses. Save any documents you received related to the arrest, including citations or court notices. Keep any evidence, such as photos or videos from the arrest.
• Hire a criminal defense attorney. A criminal defense attorney who is familiar with New York law will be crucial. They will help you navigate the legal process and challenge the arrest. Avoid discussing the details of your arrest with anyone other than your attorney.

• Challenge the arrest in court. Your attorney will work to dismiss the charges if there was no probable cause for the arrest. If the arrest was based on a mistake, your lawyer can argue that evidence should be suppressed. If there were any procedural violations during your arrest, your attorney might file a motion to suppress evidence or dismiss the case.

• File a lawsuit. You might have grounds to file a lawsuit for false arrest or violation of civil rights. Discuss this possibility with a lawyer.

• Follow legal proceedings. Attend all court dates: Missing a court date could lead to further legal trouble. Communicate with your lawyer so you can remain updated on your case’s status and next steps.

Contact Us Today

Nobody wants to be arrested without good cause. An unwarranted arrest can be scary and frustrating.

A Bronx criminal defense attorney from Macaluso & Fafinksin, P.C. can help you understand your legal rights after a false arrest. We are available 24/7 to assist you. Schedule a consultation today by calling (800) 762-9300 or filling out the online form.