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False Arrest For Dui In Bronx
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Multi-State
County:
Bronx
Control #:
US-000280
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FAQ
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
If you are arrested for DUI but know that you were not drinking, it's essential to stay calm and cooperate with law enforcement. Request an attorney and do not say anything that could potentially incriminate yourself. It's also crucial to gather as much evidence as possible to prove your innocence.
Being let go after a DUI stop doesn't necessarily mean the incident is behind you for good. Prosecutors in California actually have an extended period to potentially file charges against you after the fact – even if you weren't immediately arrested or taken into custody that night.
Other Charges for Countersuing After a DUI Arrest You may be able to pursue a civil suit tied to a bad-faith arrest if you were set up for a DUI arrest in California. Civil cases can allow you to seek compensation for your losses, including the funds you spend defending yourself from false charges in court.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
Other Charges for Countersuing After a DUI Arrest You may be able to pursue a civil suit tied to a bad-faith arrest if you were set up for a DUI arrest in California. Civil cases can allow you to seek compensation for your losses, including the funds you spend defending yourself from false charges in court.
Examples of Unlawful Arrest Being forced or coerced by an officer to admit to a crime you didn't commit. Having drugs or other contraband planted on you. You annoyed an officer but didn't break any law. There's no reason to search your car, but the officer does so after placing handcuffs on you.
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The police must have a lawfully obtained arrest warrant, or; The police must reasonably believe the person is a criminal trying to flee the scene of a crime. Were You Falsely Arrested, or Hurt By a Police Officer's Excessive Force?CALL OUR OFFICE For a Free Consultation or Simply Fill Out a CASE INTAKE FORM. Free Consultation - Call 212.312. Former Manhattan Prosecutor. Find out if you have a false arrest lawsuit today. For your free consultation and case evaluation, call your false arrest attorneys at . The NYSBA offers a variety of publications and resources on criminal law, including those that relate to unlawful arrest and detention. Malicious Prosecution: Malicious prosecution involves the initiation of criminal proceedings against an individual with malice and without probable cause. The lawsuit can be brought in either State or Federal Courts.