Unfortunately, individuals are falsely arrested throughout New York on a daily basis. For instance, a New York Times photographer was falsely arrested by New York Police Officer Michael Ackerman. Ackerman claimed that photographer Robert Stolarik had repeatedly fired a flash in his face which blinded him when arresting another person.
Another cop shoved Stolarik’s camera in his face. Upon being assaulted, Stolarik demanded the names and badge numbers of the officers. Allegedly, after the demand was made, Stolarik was apprehended by six officers in which one officer was injured. Stolarik was later charged with violently resisting arrest.
Evidence later revealed that Stolarik did not have a flash on his camera at the time of the incident. Additionally, no other officers or witnesses reported seeing a flash being used by Stolarik. Officer Ackerman was later charged with several counts related to filing false records and official police misconduct.
Fortunately, the charge against the photographer was dismissed. Nevertheless, if you are falsely arrested, you should take additional legal precautions to protect your reputation within your community. Read on to learn more.
- Seal Your Arrest Record
You should seal your criminal record if you are falsely arrested for a crime in New York. Generally, criminal court records are available to the general public. This means, anyone can go and find out if you have been arrested and charged for a criminal offense. You should seal your criminal record so no one finds out about your arrest.
My law practice has helped several individuals seal their arrest record in New York. Unfortunately, individuals are unable to have their criminal record expunged. Click here to determine if you are eligible to have your record sealed.
- Sue for False Arrest
You may be able to file a civil cause of action for false arrest against New York City for damages. During your criminal case, you will have to prove that the arresting officer did not have probable cause to arrest you and that you were prosecuted as a result thereof. You must obtain a non-guilty verdict at your trial in order to assert a viable cause of action for false arrest, or the charges against you must be dismissed.
Further, because a false arrest is considered a common law tort in New York, you must file a Notice of Claim with the City Comptroller within 90 days of your arrest to protect your right to sue.
I invite you to connect with me for more information on how to sue the City of New York for false arrest.