Legal Question in Criminal Law in New York

A friend of mine is currently in jail for a crime he didn't comitt attempting to break in a car. He has plead not guilty. He now is spending time in jail and might have to go to trial the judge offered him 30 days if he plead guilty but didn't it's a possibilty the case maybe dismissed because their is not enough evidence,. My question is if he's released can he then file for a lawsuit for false imprisonment?


Asked on 1/27/10, 1:52 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

The predicate for a lawsuit for false imprisonment is that the case reach final disposition and that such disposition be in your favor, that there be a timely notice of claim properly filed (less than 90 days after the final disposition) and that there have been no probable cause for the arrest.

Probable cause is a relatively low threshold, and it is possible that there have been probable cause but not sufficient evidence for a conviction. If there was probable cause, the lawsuit will fail.

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Answered on 2/01/10, 9:47 am


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