Legal Question in Civil Rights Law in New York

I was stopped for speeding I was getting ready to receive a ticket for the officer, another officer comes tells me to get out of the car. The seach my car without my consent the cuff me impomd my car I am taken to the station printed and they took my picture. I was charged with possestion of a controlled substance and various other traffic. infractions, The substance the found is not drugs and they have known since april . I was offered an ACD and if I'm good they will dismiss the case in October, Can I sue the city of beacon and it's police. for Malicious Prosicution?


Asked on 9/09/10, 8:12 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

You can but I d/k if an atty will take the case, esp on straight contingency (but it is worth a try-check out a few attorneys of different types-solos and bigger firms). Also, the big shot lawyers on the other side will work hard to have it dismissed (something called "summary judgment". The ACD is nice because you get a clean record. I know you state you did not have anything illegal in the car but the ACD is kind-of NY State's version of "No contest" except with an ACD, you get a clean record (make sure). In "no contest"/Alfred plea states, you essentially state "I am not admitting anything but it is too much to fight the charge".

Read more
Answered on 9/18/10, 2:16 pm


Related Questions & Answers

More Civil Rights Law questions and answers in New York