Were you the subject of an unlawful or false arrest? Did the police use excessive force upon you? Were your New Jersey and Federal Civil Rights violated? What steps can you take to protect your liberty and preserve your rights? Are you entitled to money award for the violation of your rights?
First and foremost, if you believe that you have a civil rights claim against the police or other law enforcement officers, and have a pending NJ criminal charge, contact an experienced NJ attorney who practices both criminal defense and civil rights law. The criminal charge needs to be handled first.
To establish an unlawful arrest, you must show that there was no “probable cause” to arrest you. In other words, unless the police reasonably believe that you have committed, are committing, or will commit a crime, they cannot arrest you. This belief must be based on objective facts.
You can bring a civil rights lawsuit if you can show that you were unlawfully restrained without probable cause. This may occur when law enforcement officers fail to conduct a proper investigation before arresting you, or when an officer arrests you based on racial profiling or a mere hunch, for example.
Even if you are found not guilty or the charges are dismissed, you will only have a lawsuit for wrongful arrest if the arrest itself was made without probable cause. An experienced NJ Civil Rights attorney can advise you of your rights.
Similarly, a lawsuit for unlawful imprisonment requires that you be unlawfully arrested and incarcerated.
To bring a civil rights lawsuit for malicious prosecution, you must show that a criminal prosecution was brought against you without probable cause, and with malice. Further, you must have been exonerated in the criminal case in order to bring this claim.
In contrast, even if there was probable cause for your arrest, and even if you are convicted of a crime or imprisoned, you may have a legitimate claim for excessive force, if, while acting in their lawful capacity as police officers, prison guards, etc., officials commit acts of violence against you.
If you are convicted of a crime after trial or by way of a plea agreement, any finding of guilt will bar your claim for unlawful arrest, unlawful imprisonment and malicious prosecution. However, as set forth above, an excessive force claim will survive.
Our experienced NJ Civil Rights and NJ Criminal Defense attorneys have over 30 years of experience in the NJ State and Federal Courts. We practice civil rights law in the New York City, Philadelphia, and New Jersey Federal Courts, and throughout the New Jersey Superior Court system. We have a proven track record of excellent results for our clients. Please contact us in any one of our convenient locations, including our Monmouth County office, located in Eatontown (at the Jersey Shore), our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case. You may call the experienced NJ Civil Rights and NJ Criminal Defense attorneys of Schwartz & Posnock at 732-544-1460 or email us at info@schwartzposnock.com.