What Happens During A False Arrest

The fourth amendment law gives a citizen the right to be free of search and seizure without a court-issued warrant. Without a legal warrant of a search or arrest, law enforcers cannot search a person, their vehicle, or enter the house without their permission. Doing so is a clear violation of their right and the victim of such treatment can press charges or raise a complaint with the police department.

A false arrest is similar to false imprisonment in some respects. According to false arrest attorneys, if a false arrest is committed by police authorities and the person has suffered physical harm, emotional distress, or other damages due to the false imprisonment, they can file an intentional tort personal injury claim against those responsible. The only legal difference between false arrest and false imprisonment is that an arrest may start out legal but may turn into false imprisonment due to the behavior, evidence produced, or other laws violated at the hands of police authorities.

Under legal definitions, an arrest can be termed as false when the police obtain a warrant with incorrect information, whether by negligence or deliberately, and then act on the warrant unlawfully to:

1.  Arrest,
2.  Detain,
3.  search the person, their home or car, etc.,
4.  Attempt to prosecute the person in the court of law,

Your false imprisonment attorney can contest the case and prove that the circumstances of the evidence collected presented at the time of arrest are circumstantial, incorrect or unlawfully obtained, making you eligible for compensation for the damages suffered by you. 

How to handle a false arrest?

As ruled by the law, a person being arrested first must be informed that he or she is being arrested. Whether it is the law enforcers or a private citizen making the arrest, they are under the obligation to announce their standing, the cause of arrest, and administer the Miranda Rights to the suspect. 

Thus, in the event that you are faced with such a circumstance, here are 3 things to do that will make your case stronger:

• Do not resist the arrest. Even if you are fully confident of your innocence, or feel that you are being framed; under no circumstances should you try to escape an arrest. It will help your case later if you follow the instructions laid out by the arresting authority and do not fight back in any verbal or physical manner.
• Your right to remain silent. When the Miranda Rights are administered, by the arresting authority, follow it by staying silent for it can and will be used against you in the court of law.
• Your right to an attorney. Once the arrest has been made and you are brought to the police station, you do not have to indulge in any interrogation without the presence of your lawyer. Even if your fourth amendment has been violated, with a false arrest, you can still demand a lawyer to be appointed to you or call your own false arrest attorney to handle your case further.

False imprisonment can be a stressful time for anyone. Hence, it’s crucial to stay calm and work to prove your innocence with an experienced false arrest and imprisonment attorney. Cohen & Fitch LLP is a team of highly reputable lawyers with multiple wins under their belts ready to represent you. So, call our offices to discuss your case at the earliest.

What You Need to Know About Wrongful Police Shootings in the U.S.

Among all the incidents of civil rights violations at the hands of law enforcement personnel, wrongful police shootings are possibly the most tragic ones. Increasing numbers of wrongful shootings are claiming the lives of hundreds of innocents and leaving many more with life-long disabilities. However, with the guidance of experienced police shooting attorneys, families of victims are coming forward to fight the system which was meant to protect their loved ones.

What constitutes wrongful shooting?

The use of lethal force by law enforcement, more than reasonably necessary, is termed as wrongful shooting. The police force can justify using firearms only if:

• There is an imminent risk to their life or the safety of others;
• The suspect is a former convict and is posing a threat;
• The suspect in question opened fire on being asked to surrender.

Apart from these situations, all shootings constitute misconduct by the police force and a violation of the citizen’s civil rights and the Constitution.

National cases like Michael Brown, Tamir Rice, and Philando Castile opened the problem of police shootings to the worldview. A survey conducted to study similar wrongful deaths reported that African-Americans are more likely to get fatally shot, although they were statistically less likely to be carrying illegal items.

Know your rights.

As a citizen of the U.S., you enjoy equal civil rights irrespective of your race, color, gender, or religion. And if your rights were violated on unjustified grounds, you are entitled to compensation. Furthermore, in case of death after shooting, the victims’ families are eligible to file a lawsuit.

The unfortunate reality of the issue is very grim. Research conducted by BGSU reported that in the cases where an officer has been convicted, it is often for a lesser offense. Only four officers have been convicted of murder (there were four officers whose murder convictions were overturned, but the officers were later convicted of federal crimes arising out of the same incident). 

However, wrongful police shooting lawyers in NYC like Cohen & Fitch LLP can represent your case to the state, contesting your violated rights and demand compensation. In such cases, your attorneys will prove that the officers in question knew they were dealing with someone who did not pose a threat to themselves and others, but the officers opened fire anyway. If and when proven, you will be compensated for damages, lost companionship, pain, and suffering.

So, schedule an appointment with Cohen & Fitch to get proper guidance for your case.

How to Take Legal Action Against Police Brutality?

Every day new cases of police brutality are emerging in the U.S. The recent increase in police brutality necessitated the government to make stricter laws to prevent police brutality. Although police officers are supposed to protect and make people feel safe, some police officers still constantly engage in police misconduct. As per federal laws, it is unlawful for state or local police officers to continually misuse their position and violate a person’s legal rights by using brute force, harassment, false arrests, unlawful stops, searches, or arrests.  So, if you or your loved one has been a victim of police brutality, you can consult with New York City Police Brutality Attorneys for legal guidance. 

Following are the legal actions you can take against police brutality:

• Filling an internal complaint

Police stations have a system in place for dealing with police officers who misuse their power. So, if you encounter police misconduct, you may notify the police station authorities by filing an internal complaint. Initially, the department will internally investigate the complaint, which may lead to the police officer’s suspension, termination, or a warning, but it does not provide any compensation for the victim.

• Filling a criminal complaint

If the police misconduct includes excessive use of unreasonable force, i.e., police brutality, sexual assault, false arrest, or even results in physical injuries to the victim, it could be considered as grounds for taking the case to legal trial against the assaulting officer. However, before filing a criminal complaint, you will need to look for experienced Brutality Law Firms in Queens, NY, to get valuable legal guidance and an attorney who can represent you in the court of law.

•  Find a brutality lawyer

If you have damning evidence of the police misconduct and brutality against the assaulting officer, it is crucial to find an experienced police brutality lawyer to file a legal claim. A legal claim can help the victims collect monetary compensation for their suffering and subjects the accused to legal repercussions.

If you have been a victim of police brutality, consult with experienced New York City Police Brutality Attorneys for expert legal assistance. Get in touch with our team to schedule a consultation.

What To Do If You Have Been A Victim Of Racial Discrimination?

The United States is one of the most racially diverse nations in the world. But there are also many incidences in America where a person of a different race or nation of origin has experienced racial discrimination. The Black Lives Matter movement is an example of the results of racial discrimination widespread in the country. This kind of prejudice based on one’s nationality and race is considered illegal under the employment and job opportunities laws of the Civil Rights Act of 1964. 

Since discrimination or harassment in the workplace based on your race or national origin may hinder your career and professional growth, you have the right to take legal action to prevent it. It is recommended to consult with the experienced National Origin Discrimination Attorneys in Manhattan, NY, if you have been a victim of such discrimination.

Legal requirements to file a lawsuit

Most of the employers in New York would abide by the law. But in some rare instances, if you find that your employer has violated the federal laws and indulged in discrimination based on your race or national origin, the first thing you should do is consult with skilled National Origin Discrimination Attorneys. Your attorney would guide you regarding the legal requirements and help you prepare a strong case.

If you are planning to move forward with a lawsuit, you must abide by the federal government’s strict deadlines to file a valid claim. As per the legal requirements, you must file a complaint to the Equal Employment Opportunity Commission (EEOC). Once you get the federal or state court’s approval, you have 90 days to file a lawsuit. In a racial or national origin discrimination lawsuit, it is crucial to prove that you experienced intentional discrimination. You must collect the evidence supporting your claim. You should also contact any witnesses who watched the discriminatory behavior of the accused. 

The experienced National Origin Discrimination Attorneys are well-versed in the legal requirements to file a valid claim. They will guide you throughout the process to ensure you get the justice you deserve. 

If you have been a victim of illegal intentional racial discrimination, do not hesitate to reach out to our talented National Origin Discrimination Attorneys in Manhattan, NY.

Can a Prisoner Sue for Mistreatment and Negligence in Prisons?

Millions of people get incarcerated in the United States every year. Sometimes they suffer personal injuries due to mistreatment, negligence, or failure to provide adequate medical care. If you or your loved one has been a victim of abuse, personal injury, and neglect, you have the right to sue for compensation. You can consult with the Prisoner’s Rights Lawyers in NYC. 

Being imprisoned does not mean that you lose your civil rights. As Inmates cannot seek medical care or mental healthcare on their own, the US Constitution has laws to protect prisoners from medical negligence, cruel, inhuman punishments, etc. So, if they don’t get the needed medical care that led to impairment or death, you can file medical negligence or wrongful death claim. Consulting a Prisoner’s Rights Attorney in the Bronx, NY, is your best bet to sue for mistreatment and negligence in prisons.

Prisoners can seek legal assistance for the following types of legitimate claims:

• Inmates can file a legal lawsuit against a guard or prison authorities that employs the guard if the inmate receives any injuries caused by the guard.
• As per the laws, inmates have a right to receive adequate medical care. If an inmate doesn’t receive adequate care, appropriate medical attention, or necessary medications, the inmate can file a lawsuit.
• If the prison authorities ignore severe conditions or serious injuries, the inmates may take legal action against the negligence. 
• Jail medical malpractices and medical abuse are one of the widely common causes of legal claims.
• Failure to provide emergency medical care to inmates suffering from injuries or medical conditions can be the basis of a lawsuit.
• The inmate can also file a claim if their sentence has expired, but their release gets delayed.
• If an inmate gets killed in prison by another inmate or the guards, the inmate’s family members may file a wrongful death claim against the responsible party.

Filing a lawsuit against the prison or the jailor can be complicated, and there are several obstacles that people may face. Therefore, it is highly recommended to consider hiring a Prisoner’s Rights Attorney in the Bronx, NY. If you are filing for a legitimate claim with experienced Prisoner’s Rights Lawyers in NYC, you may have a better chance of winning your lawsuit. 

Facing Sexual Harassment or Discrimination in the Workplace? Here is What You Should Do!

Workplace sexual harassment is illegal in many states, but it still happens to many people in many different forms despite the laws. Inappropriate touching, lewd comments, offensive jokes, or an employer promising a promotion in exchange for sexual favors are all different forms of sexual harassment. But sometimes, sexual harassment can also come in the form of teasing people based on their sex, gender identity, ethnicity, race, disability, etc. Many people don’t know how to deal with it and become targets of abuse and harassment in the workplace. So, if you have been a victim of sexual harassment from a coworker, a supervisor, or a customer, you should be prepared to take action against it. It is recommended to consult with an experienced sexual harassment lawyer in Manhattan, NY, for preparing to take legal action.

Here is what you should do to deal with sexual harassment in the workplace:

• Confront the harasser

If you have been sexually harassed by a coworker, employer, manager or supervisor, etc., and you have decided to take action, make sure to confront the harasser. It is best to follow the company procedures for reporting them. 

• Consult a sexual harassment lawyer

It is best to consult a sexual harassment lawyer in Manhattan, NY, for legal advice regarding the best legal options to proceed with a sexual harassment lawsuit. Your attorney will let you know about your legal rights and help you prepare a valid case.

• File a written complaint

Your attorney may advise you to file a written complaint following your company policies if you haven’t filed one already. You should keep a copy of the written complaint as evidence for legal action if the management does not take appropriate action to address the complaint. 

• Collect evidence

If the management does not address your complaint and fails to prevent sexual harassment in the workplace, it is best to collect evidence of harassment as much as possible. Your attorney will advise you regarding the kind of evidence that might help make your case stronger.

• File a sexual harassment lawsuit

If you have been a victim of sexual harassment, it is crucial to take legal action within a year. The lawsuit needs to be filed within the specified time limit of either 180 days or 300 days, based on your state legislation. Your attorney will guide you throughout the process of filing the lawsuit and seeking justice.

If you are a victim of workplace sexual harassment, consult a sexual harassment lawyer in Manhattan, NY, for legal advice.

Consult with Malicious Prosecution Attorneys for Legal Action Against Police Misconduct

Malicious prosecution occurs when one party knowingly, with malicious intent, initiates a baseless prosecution against another party. People who get falsely accused of crimes, and get prosecuted based on false claims, have to suffer police misconduct, time in prison, and psychological trauma. Most people feel helpless in that situation, and it doesn’t cross their minds to consult a malicious prosecution attorney to help against the individuals responsible for their false prosecution. Therefore, if you have been a victim of police misconduct or been falsely prosecuted based on false allegations, you should consult with malicious prosecution attorneys in New York.  

Some people are lucky enough to prove the wrong allegations, but most people might not be as fortunate. No one deserves to be prosecuted over false claims under the illegal agenda of police officers. Consulting with a malicious prosecution attorney can help you protect yourself against unlawful prosecution.  

Many people feel victimized due to their race, gender preference, ethnicity, personal grudge, or other reasons. If you think that you have been a victim of police misconduct or false accusations, you should seek legal advice from an experienced malicious prosecution attorney in New York immediately.  

How can New York Malicious Prosecution attorneys help you?

The malicious prosecution attorneys have years of experience defending the victims of police misconduct and false accusations. The attorney will assess your case to file a viable claim. They will guide you regarding your legal rights and help drop all the criminal charges against you as much as possible. Once the criminal charges are dropped, you can pursue a claim regarding compensation for any physical damages, psychological, or emotional trauma. 

There are strict rules for seeking justice against unlawful prosecutions. When it comes to filing a viable claim, time is of the essence. Therefore, you should not waste any time contemplating whether to go forward with the claim, as your claim might not be able to qualify after a certain period. Therefore, if you are seeking justice, it is best not to delay. 

Consult with an experienced malicious prosecution attorney today!