Every moment the police take away your freedom may later be worth money ($$$$) in civil court under a false arrest claim.
I have developed a simple two question quiz to test if someone may have a viable false arrest claim...
THE TWO QUESTION FALSE ARREST QUIZ:
(1) Were you arrested within the last three years?
YES or NO
(2) Was your case resolved with an Adjournment in Contemplation of Dismissal (ACD), Dismissal, or Decline to Prosecute (DP)?
YES or NO
If you answered YES to these two questions, you should contact DeVerna Law right away for a free case evaluation; our team of lawyers have recovered hundreds of thousands of dollars on behalf of our clients for police misconduct. Remember: If we don't win, you don't pay. We are here for you 24/7/365.
This information is general information meant for educational purposes. It does not create an attorney-client relationship with any person who views it. If you think you need personalized legal assistance, always speak with a qualified attorney. Past performance does not necessarily predict future results.
*In New York State court or US Federal Court, a plaintiff has to prove to the jury : (1) that the Plaintiff was intentionally confined; (2) that the Plaintiff knew they were confined; (3) the Plaintiff didn’t consent to being confined; and (4) the confinement wasn’t otherwise privileged.
*False Arrest (also called a wrongful arrest) and False Imprisonment claims have largely the same analysis
*New York State Statute of Limitations is 1 year for false arrest / false imprisonment (CPLR 215)
*If you intend to file action in New York State Court, you have to file a notice of claim within 90 days of your false arrest
*Federal Law's statute of limitations is 3 years for false arrest / false imprisonment (Wallace v. Kato, 549 U.S. 384 (2007)