Fighting Against Malicious Prosecution And False Arrests

According to its website, "The mission of the New York City Police Department is to enhance the quality of life in our City by working in partnership with the community and in accordance with constitutional rights to enforce the laws, preserve the peace, reduce fear, and provide for a safe environment."

At Kelly & Rubin, LLP, we have more than 20 years of experience investigating and identifying false arrests and malicious prosecution in New York City. We understand how stressed and confused our clients can be during this difficult time. We will work tirelessly to ensure that your rights are protected and that you obtain a fair and just outcome.

Police Misconduct Lawyer In Long Island

Unfortunately, not all police officers adhere to this mission. When this occurs, individuals can fall victim to false imprisonment and malicious prosecution. These things occur when the police:

  • Make a mistake in identification
  • Arrange or create a false confession
  • Plant evidence
  • Arrest the wrong person
  • Improperly execute a search warrant

Our attorneys work together to comprehensively build a thorough, efficient and cost-effective defense for our clients. We set our fees in a way that allows our clients to make choices based on the outcome they desire, not financial fear.

The Improper Execution Of A Search Warrant

The United States Constitution prevents the police from entering your home without a search warrant. The warrant must specifically define the places to be searched and items to be seized. Oftentimes, through poor investigative techniques or other reasons, the police department will burst into the wrong home to execute a search warrant.

When this happens, people's lives are turned upside down. They are usually detained either outside their home or in the precinct. When this happens, we have an excellent chance of recovering fair and reasonable compensation for our clients.

If you or a loved one has been detained by the police because they executed a search warrant in the wrong home, contact Kelly & Rubin, LLP, for a free consultation and immediate action regarding your case.

The Arrest Of The Wrong Individual

A police officer is required by the United States Constitution to have probable cause to believe that a person committed a crime before that person may be arrested. Oftentimes and for many different reasons, police officers arrest the wrong person, which results in unnecessary incarceration and defense of criminal charges.

The arrest of the wrong person can be caused by ineffective police work, lazy or incompetent investigation, or the failure to investigate the possibility that other individuals may be responsible for a crime.

Kelly & Rubin, LLP, are experts at representing individuals who have been maliciously prosecuted and/or falsely arrested. In one recent year, we obtained the largest settlement against the City of New York and its police department for a malicious prosecution case — $1.25 million.

If you or a loved one has been the victim of a malicious prosecution or false arrest, immediately contact the attorneys at Kelly & Rubin, LLP, for a free consultation. It is critical to move quickly in cases involving a lawsuit against any city and any of its agencies, including a police department, as there are very short filing requirements that if not met may have the effect of forever preventing you from filing a lawsuit.

Mistaken Identification Leading To Arrest

The number of criminal cases throughout the United States that rely on a single eyewitness making an identification is astounding. Many clients come to our offices and express surprise when we tell them that just because someone else says they committed a crime, it is enough for the wheels of criminal justice to be set in motion against them.

The problem with these types of cases is that the human ability to recall and recognize an individual is weak. This psychological inability to accurately recall the face of an individual involved in a crime has been demonstrated in experiment after experiment. Courts are just beginning now to recognize the inherent weakness of a human to accurately recall what someone looked like under the stressful environment of a crime.

Thankfully, however, video and DNA have both been successfully used to demonstrate the inaccuracy of eyewitness identification. Courts have also begun to recognize the foolishness of the police conducting lineups involving six individuals viewed at the same time, instead of in succession. Studies have shown that crime victims invariably feel pressure to select someone from the six-person lineup even if they are not sure that the actual perpetrator is there.

False Confessions And Police Misconduct

In almost 60 years of combined practice, we have seen many examples of police officers improperly obtaining a false confession. Although it would be reasonable to think that nobody would ever confess to committing a crime that they did not commit, we all know that false confessions occur with alarming regularity.

The sad fact is that while some individuals with diminished mental capacity do falsely confess, many times it is police officers themselves who pressure, coerce and promise individuals into confessing that they committed a crime that they in fact did not.

If you or a loved one has been arrested and charged with a crime, and you believe that a confession was coerced by a police officer, contact Kelly & Rubin, LLP, for a free consultation as soon as you can. We are experts at demonstrating to judges and juries that not all confessions are worthy of belief.

The Planting Of Evidence By Law Enforcement Officers

Police officers are sworn to uphold the law to protect the citizens of New York state. However, there are times when police officers plant evidence on otherwise innocent citizens for the purposes of justifying an arrest, or more likely, to cover up an assault by the officer or the use of excessive force in making an arrest.

The planting of evidence, sometimes referred to by its street name as a "flake," occurs when a police officer deposits on a defendant a piece of evidence usually consisting of drugs or a weapon. The officer then claims that they discovered the contraband in the possession of the defendant. The amount of times this happens is astounding.

If you or a loved one has been charged with a crime, and you believe that a police officer has planted evidence in order to create or strengthen the case, or to protect the police officer, immediately contact Kelly & Rubin, LLP, for expert representation and a free consultation.

Learn More By Contacting Kelly & Rubin, LLP

For more information or to schedule your free initial consultation with one of our experienced Manhattan criminal defense attorneys, call 646-741-4084 or contact us online.

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