How to get help for a wrongful conviction, false arrest, or malicious prosecution?

Have you been falsely accused of a crime and/or subjected to the humiliation of arrest? Unfortunately, this unlawful practice occurs every day in New York and around the world. While police and authorities are entrusted to be peacemakers and to protect citizens, there are times when unlawful detainment occurs and a person’s civil rights are violated.

Kelly, Grossman & Kerrigan, LLP has been a leader in the fight against police misconduct and social injustice for generations. We believe that no police officer has the right to commit unlawful arrest against individuals who did not break the law. Have you been wrongfully convicted a crime? If so, our team will help you seek justice through successful litigation to have your false conviction overturned. We also make it a point to see that you are fairly compensated for the negative impact a wrongful conviction has had on your life.

Let’s take a look at a few of the definitions that are constituted as violations of your civil rights.

What is false arrest?

A false arrest can occur anytime you are unlawfully restrained by law enforcement. There are often extenuating circumstances that coincide with false arrest. In many cases, we have seen the following crimes committed by law enforcement officers that do not uphold their legal duties:

  • Confinement without probable cause
  • Excessive force or brutality
  • Injury
  • Racially motivated arrests, known as “profiling”
  • Illegal search and seizure
  • Coerced confession
  • Intimidation
  • Evidence tampering
  • Illegal surveillance

What is malicious prosecution?

You may be a victim of malicious prosecution if you are summoned to appear in court on criminal charges filed by a government prosecutor, at the advisement of law enforcement, but there is a lack of probable cause.

Malicious prosecution examples we have witnessed:

  • Personal bias or intent to have a person prosecuted without any real evidence or grounds to support charges.
  • Intent to deter prosecution against an actual perpetrator.
  • Attempts to hide or detract from police misconduct committed.
  • An interest of malice to hurt an individual’s reputation, status, or career.

What is a wrongful conviction?

If you receive a wrongful conviction, your rights have been violated because of one or multiple factors. Wrongful convictions are determined based on if it can be proved that a person is innocent of charges, due to factual evidence. A person can also receive a wrongful or false conviction determination if procedural requirements were incorrectly followed or did not occur.

Reasons wrongful convictions are found include:

  • Eyewitness errors
  • DNA and biological evidence discovery or testing advancement
  • Related cases with exonerations
  • Misconduct or perjury
  • Violation of due process
  • False confessions

Your Partner to Navigate Complex Claims

Civil rights litigation is an effective way to bring police misconduct and legal wrongdoing to light. However, navigating the intricacies of these claims to remove an arrest and/or conviction from your record can be complicated and requires the assistance of an experienced, knowledgeable, and successful legal team

Kelly, Grossman & Kerrigan, LLP has the background needed to provide powerful legal counsel. We handle the complexities of Section 1983 Claims, where police officers can be found liable for damages, due to false arrest or the pursuit of charges without probable cause. We will assist you through legal pursuits of any and all civil rights violations by filing and obtaining documentation and evidence, advising you on additional recourse depending on who was involved (or failed to intervene), and more.

CALL OUR TEAM ASAP at 631.314.4996 if you believe you have been the victim of false arrest, malicious prosecution, or wrongful conviction. You can also get in touch with us by completing the contact form below.

 

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