There are many circumstances when a false arrest may occur. The statute of limitations in New York for filing any notice of intention to take recourse against the police department is 90 days. Often the pressing matter of disputing the charges and facing prosecution takes precedence over filing, and victims of false arrest fail to act in a timely manner. If in fact you are unlawfully imprisoned, you have 90 days from the date of your release to file a civil suit.
There are many cases of false arrest that occur because of racial profiling and police misconduct. By law, New York police officers can only arrest someone if probable cause exists. The evidence presented may or may not actually constitute probable cause. Often an attorney and later a judge may have to decide whether or not the arrest was indeed justified. If it was not, and the person is detained, it is a violation of her civil rights.
Recourse for Unlawful Detention
If, in fact, someone is wrongfully arrested, according to New York law, he has only 90 days from the date of the arrest to file a notice of claim that he intends to take action in response to the arrest. If it is proven that he was unlawfully detained, the claimant is entitled to file a civil suit against the police department. He can claim compensation for damages for such things as humiliation, imprisonment and other negative factors that occurred while he was imprisoned.
Statute of Limitations for Filing a Notice of Claim
The rather brief period of 90 days to file a notice of claim that you intend to seek recourse and compensation often prevents such action from being taken. To the person charged with a crime, the most immediate concern is refuting the charges. Especially in matters concerning a person who is innocent, she has a limited amount of time to prove her innocence or face an indictment, resulting in the probability of a trial and, if she is found guilty, no escape from wrongful imprisonment. Often the matter of filing a claim for false arrest is not brought to the individual's attention, and she is left without legal assistance with which to do so.
If a person is found guilty of the crime he is charged with and faces incarceration, if new evidence comes to light and the charges are dismissed, the statute of limitations for filing a claim in New York is 90 days from the date of the person's release. Exceptions are made for valid reasons, but the validity for the reason it was delayed is subject for the New York courts to decide. Once the claim has been filed, the person falsely arrested can bring a civil suit against the police department and government for damages that occurred because of his imprisonment. Compensation for these damages is usually paid in monetary values.
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