False Arrest Lawyer Blog

Step 1: Remain Calm and Comply

While it may be difficult, staying calm and complying with police officers can help prevent the situation from escalating. Arguing or resisting can lead to additional charges, even if the arrest is unlawful.

• Keep your hands visible and avoid sudden movements.
• Do not physically resist, even if you believe the arrest is unjust.
• Ask if you are being detained or if you are free to leave.

Step 2: Do Not Say Anything Without a Lawyer

Under the Fifth Amendment, you have the right to remain silent. Anything you say can be used against you in court, so exercising this right is critical.

• Politely state, “I wish to remain silent and would like to speak with my attorney.”
• Avoid answering any questions beyond providing your name and basic identification information.
• Do not discuss your case with police, even if they claim it will help your situation.

Step 3: Request an Attorney Immediately

The Sixth Amendment guarantees your right to legal counsel. If you are arrested, you should immediately request an attorney.

• Do not answer any questions without a lawyer present.
• If you cannot afford a lawyer, request a public defender.
• If you have a trusted attorney, call them as soon as you are allowed.

Step 4: Document Everything

Gathering evidence can strengthen your case if you believe you were wrongfully arrested.

• Take note of the officers’ badge numbers, names, and patrol car numbers.
• If possible, ask witnesses for their contact information.
• As soon as you are released, write down everything you remember, including the time, location, and details of the arrest.

Step 5: Seek Medical Attention if Injured

If you suffered injuries during the arrest, seek medical attention immediately. Having medical records can support a civil rights claim against law enforcement.

• Take photos of any injuries.
• Keep records of medical visits and doctor’s reports.
• If possible, ask your attorney to help you obtain police body camera footage.

Step 6: File a Complaint Against the Arresting Officers

If your arrest was wrongful, you may be able to file a complaint with the appropriate oversight agencies:

• Civilian Complaint Review Board (CCRB) – Investigates police misconduct.
• Internal Affairs Bureau (IAB) – Handles complaints against NYPD officers.
• New York State Attorney General’s Office – May investigate cases of civil rights violations.

Step 7: Consider Filing a Civil Rights Lawsuit

Wrongful arrests can lead to emotional, financial, and reputational harm. You may be entitled to compensation for:

• False imprisonment
• Malicious prosecution
• Emotional distress
• Loss of income

Step 8: Contact an Experienced Civil Rights Attorney

Navigating a wrongful arrest case requires legal expertise. At Apicella & Schlesinger Attorneys at Law, we have been fighting for the rights of New Yorkers for decades.

If you or a loved one has been wrongfully arrested, don’t wait—contact us today for a free consultation.

False arrests in New York City can have serious consequences. Understand your rights, how to respond, and when to seek legal help if you’re wrongfully detained.

False arrest, also known as wrongful arrest, occurs when law enforcement detains someone without proper legal authority or probable cause. This civil rights violation in New York can lead to significant legal issues for the arresting officers and the department they represent.