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Wrongful Arrest Lawyers in New York

Being wrongfully arrested can be a devastating experience. It may happen suddenly — a misunderstanding, a mistaken identity, or even an abuse of power — and suddenly, your freedom, your job, and your future are at stake.

At Jacob D. Fuchsberg Law Firm, our experienced wrongful arrest lawyers represent individuals throughout New York City and the state who have been unlawfully detained, arrested without probable cause, or subjected to misconduct by law enforcement. If this happened to you or someone you love, you have rights, and we are prepared to defend them.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
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Our Notable Civil Rights Verdicts & Settlements

Civil Rights

$787,500 Settlement for Prison Burn Injury

We won $787,500 for a young man severely burned when prison guards failed to stop an attack with boiling water and left him without medical help for three hours.

Civil Rights

$1.2 Million Settlement for Prison Suicide Case

We secured $1.2 million for a family after prison staff ignored a father's month-long pleas for mental health treatment before his tragic death.

Civil Rights

$3 Million Settlement for Sexual Abuse in Prison

$3 million historic settlement for our three clients who were sexually abused by a federal prison guard while officials turned a blind eye for years.

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What Is a Wrongful Arrest?

A wrongful arrest occurs when law enforcement detains someone without legal justification, whether due to mistaken identity, lack of probable cause, or officer misconduct. Sadly, this isn’t rare in New York City. In 2024 alone, the NYPD conducted over 25,000 stop-and-frisk encounters, with 69% leading to no arrest or summons. Most of those stopped were people of color — 60% were Black and 31% were Hispanic, revealing troubling racial disparities in policing.

These patterns reflect a much broader problem across the country. That same year, 147 people were exonerated nationwide, and in 35% of those cases, no crime had actually occurred. Even more concerning, 78% of those exonerated were people of color — a stark reminder of how deeply systemic injustice runs, and how easily innocent lives can be disrupted by wrongful arrest.

Common Examples of Wrongful Arrest in New York

Our team has seen many scenarios in which people were unlawfully arrested. Common wrongful arrest situations include:

  • Arrest without probable cause or a valid warrant
  • Mistaken identity or being falsely identified by a witness
  • Racial profiling and discriminatory policing practices
  • Arrests made in retaliation (e.g., after recording police or asserting legal rights)
  • Arrests during peaceful protests or public gatherings
  • Police falsifying reports or exaggerating claims to justify an arrest

Wrongful arrests are not just procedural errors but serious violations of your constitutional rights under the Fourth and Fourteenth Amendments. If you’ve been arrested unlawfully, you may be able to file a civil rights lawsuit. Our NY attorneys for wrongful arrest can help you determine if your rights were violated and what legal steps to take next.

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Were You Wrongfully Arrested? We Can Get You Justice.

The legal system is complex, especially when you’ve been treated unfairly by it. Let our false arrest attorneys guide you through every step, explain your rights clearly and honestly, and fight for justice on your behalf.

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Damages You May Recover in a Wrongful Arrest Lawsuit

A wrongful arrest can turn your life upside down — even if charges are later dropped. You may be entitled to significant financial compensation, including:

  • Pain and suffering
  • Emotional distress
  • Loss of income or employment
  • Medical expenses (if injured during the arrest or detention)
  • Damage to your reputation
  • Bail and legal costs
  • Unlawful time spent in jail or custody

In 2024, New York City paid over $205 million to settle police misconduct lawsuits, underscoring the prevalence and seriousness of such incidents. As your wrongful arrest lawsuit attorneys, we will fight for the full compensation you deserve, not just a settlement that’s “good enough”.

Damages You May Recover in a Wrongful Arrest Lawsuit

Our Proven Legal Strategy: How We Win Wrongful Arrest Cases

When you choose Jacob D. Fuchsberg Law Firm, you’re getting more than just a lawyer for wrongful arrest — you're gaining a dedicated legal team with decades of experience holding law enforcement accountable. Here's how we help:

1. We Listen and We Take Your Story Seriously

Every case begins with a detailed consultation. We take the time to understand what happened, how the arrest impacted your life, and what your goals are moving forward. Your voice matters, and it shapes our legal strategy from day one.

2. We Launch a Thorough Investigation

Our attorneys immediately begin gathering critical evidence. This may include:

  • Body cam and surveillance footage
  • 911 call records and dispatch logs
  • Arrest reports and witness statements
  • Internal police documents and past complaint histories

We leave no details unchecked when building a strong case on your behalf.

We Launch a Thorough Investigation

3. We Bring in the Right Experts

We often consult with experts in civil rights, policing practices, and forensic analysis to strengthen your claim. These professionals can identify procedural violations or misconduct that may not be obvious on the surface.

4. We File a Wrongful Arrest Lawsuit

If your rights were violated, we will act quickly to file a wrongful arrest lawsuit against the police officers, department, or government agency responsible. We also ensure that any special Notice of Claim deadlines are met when suing the City of New York.

5. We Negotiate Strategically and Fight Relentlessly

Our team handles all negotiations with the city or involved parties. While we often secure favorable settlements out of court, we prepare every case as if it will go to trial. If fair compensation isn’t offered, we’ll take your case to court and fight for maximum damages.

6. We Pursue Maximum Compensation

We work tirelessly to recover the full compensation our clients deserve. That includes not only the financial impact of being unlawfully detained but also the long-term personal and professional consequences. Our attorneys build compelling claims that reflect the full scope of your suffering.

Backed by a strong civil rights practice, Jacob D. Fuchsberg Law Firm has helped numerous clients pursue justice and compensation for wrongful arrests and police misconduct, and we’re ready to do the same for you.

Why Choose Jacob D. Fuchsberg Law Firm?

When you’re searching for a wrongful arrest lawyer in New York, experience and reputation matter. Here’s why clients trust us:

  • 40+ years of civil rights experience: Since day one, Jacob D. Fuchsberg Law Firm has been a trusted advocate for justice in New York. Our decades of experience in civil rights law give us the insight and resolve to handle even the most challenging wrongful arrest cases.
  • Results that speak for themselves: From police misconduct to wrongful detention, we’ve secured meaningful outcomes for clients across the city. Our legal team knows how to build strong, evidence-based cases that lead to real results, in and out of court.
  • Representation like you’re a part of the family: You’re not just another file on our desk. We take the time to understand your story, struggles, and goals, and we tailor every strategy to your unique needs and circumstances.
  • Respected litigators who don’t back down: We are known throughout New York for our trial readiness. If the city refuses to offer fair compensation, we won’t hesitate to bring your case before a jury and fight for justice at the highest level.

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Our Clients’ Reviews

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I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

5

Stars

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

5

Stars

Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

Citizen

5

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Take Action Now with Jacob D. Fuchsberg Law Firm!

If you’ve been wrongfully arrested, every moment matters. In New York, strict legal deadlines apply, including a 90-day window to file a Notice of Claim against the city. Waiting too long can weaken your case, making it harder to gather evidence, locate witnesses, or hold the responsible parties accountable.

The fight for justice starts with one call. We’re ready when you are. Don’t let one unjust moment define your future — contact Jacob D. Fuchsberg Law Firm now at (212) 869-3500!

  • We are available to you 24/7

  • Compassionate in our approach

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Background

FAQ

Frequently Asked Questions

How do I know if I was wrongfully arrested?

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If you were detained without a warrant, without probable cause, or based on false or misleading information, you may have been wrongfully arrested. Speak with an attorney to review your case.

What’s the difference between wrongful arrest and false imprisonment?

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Wrongful arrest involves being taken into custody unlawfully. False imprisonment is the continued unlawful detention. These often occur together but are legally distinct.

How long do I have to sue for wrongful arrest in New York?

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You must file a Notice of Claim within 90 days of the incident if you're suing a government entity. The lawsuit itself must be filed within one year and 90 days.

Will my arrest record be cleared?

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It depends. You may be eligible to have your record sealed or expunged after your successful wrongful arrest case. Our experienced attorneys can guide you through the process.

Who can make arrests in NYC?

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In New York City, arrests can be made by police officers, peace officers, and in limited circumstances, by private citizens through a “citizen’s arrest”. Only law enforcement may use legal authority to detain.

What should you do if you’ve been wrongfully arrested in NY?

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Stay calm, do not resist, and ask to speak with an attorney. Document everything you remember and contact wrongful arrest lawyers at Jacob D.Fuchsberg Law Firm as soon as possible. Please, call at (212) 869-3500.

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