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 212-568-4245. 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.