Everyone has certain rights when it comes to criminal proceedings, but that does not mean law enforcement officials do not violate them. For example, both the Fourth and Fourteenth Amendments protect American citizens from wrongful arrest; however, such incidents occur far more often than most people realize. Here, the criminal defense attorneys at Myers, Singer & Galiardo in New York, NY, explain what constitutes a wrongful arrest.
Your Guide to Wrongful Arrests From a Criminal Defense Attorney
What Constitutes a Wrongful Arrest?
Wrongful arrest is an umbrella term that covers all kinds of scenarios. These arise as the result of the police violating someone’s rights by detaining and taking them into custody without legal grounds to do so. You may have been the victim of a wrongful arrest if the police arrested you without probable or just cause, failed to read your Miranda Rights, or justified the proceedings using a warrant the officer secured with false information.
What Are Your Options Following a Wrongful Arrest?
Even if you do not end up with a conviction on your record, a wrongful arrest can have far-reaching consequences that affect various aspects of your life. For example, it can impact your reputation, your career, and even your health. As a result, victims of false arrest have the right to hold liable any authorities who were responsible for the incident and to sue them for the damages they incurred. Liable parties might include the officer who detained you, the police department where they work, and the jurisdiction where the incident occurred.
If you think you have been the victim of a wrongful arrest, turn to a criminal defense lawyer from Myers, Singer & Galiardo in Manhattan to determine the best way to proceed. You can learn more about their experience defending clients’ rights by visiting their website. To schedule an initial consultation with an attorney, call (212) 986-5900.