Legal Question in Criminal Law in New York
false arrest
I was searched ,handcuffed and put in a police van by 2 nypd cops.I was driven a few feet .they took me out of the van I was told I was free to go .at that moment another cop put me under arrest .he claimed while I was handcuffed .I threw drugs in the van .after I was searched .I'm don't know how to proceed ,I have to appear in court in 2weeks.
5 Answers from Attorneys
Re: false arrest
First you hire an attorney. If you cannot afford an attorney, contact the lawyer that the court assigned you (probably a legal aid society lawyer or an 18b lawyer) and tell him at length what happened.
Then hire a Civil Rights lawyer to over see things so that the court doesn't kill the potential civil rights issue.
My office handles both Criminal and Civil Rights cases in state and federal courts. I would be interested in meeting you about both your cases. You may reach me by following the links below. My colleagues and I are in court every day.
Good Luck
Re: false arrest
You may have a false arrest claim against the police department (the City of NY if it happend in NYC) but it will depend on the outcome of the criminal case so you need a good criminal defense attorney. There are steps you have to take within 90 days of the arrest to preserve your rights in a civil case so I suggest you speak with a lawyer ASAP. I am a former prosecutor and handle both types of cases on a routine basis. Feel free to contact me.
Re: false arrest
You may have both a good defense for the arrest and if so then you may have a cause of action for false arrest. You must have the criminal charges dismissed to give rise to your civil action, also you must file a notice of claim within 90 days of the arrest. Therefore you must act swiftly. Get a competent criminal defense attorney to evaluate your case first. Legal Ayd will probably not handle your civil case so you must consider this as a factor and consider retaining private counsel.
Re: false arrest
You should obtain a criminal defense attorney as soon as possible. Once the criminal case is resolved you may also have some civil claims against the city. Please feel free to contact my office if we may be of any assistance.
Re: false arrest
1st you need a good criminal defense attorney to handle the criminal charges. At the same time you must file any claim you may have against the city within 90 days. We have substantial experience handling both these types of cases, and our fees are very reasonable, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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