False Arrest/Imprisonment
In New Jersey, law enforcement needs to have legal justification to place a person under arrest. Being arrested however is a very technical term.
Is This You?
Does This Sound Like You?
- You were handcuffed or held although you had done nothing wrong
- You were taken to a police station and later released
- Police kept you from leaving without a warrant or a legal reason
- You were arrested for recording or questioning the police
What Is a False Arrest?
An Arrest Without Legal Justification
In New Jersey, law enforcement needs to have legal justification to place a person under arrest. Where that justification is missing, the arrest is false — whatever it was called at the time.
Being arrested, however, is a very technical term, and it covers more than most people expect. The critical element is a loss of freedom, not the handcuffs.
False arrest and false imprisonment are among the civil rights claims Joel Silberman brings against law enforcement, often alongside excessive force and malicious prosecution claims.
A Technical Term
What Counts as Being Under Arrest
People are often told they were never arrested, so they assume they have no claim. Under our law the question is narrower than that:
What Most People Picture
Being placed in handcuffs, placed in the back of a police car and driven to the police station — or even worse, jail. That sequence is correct.
What the Law Also Covers
Being placed under arrest can also occur when law enforcement takes steps to restrain an individual’s liberty and freedom of movement.
The Critical Element
The critical element is a loss of freedom. If your liberty was taken from you without legal justification, it is worth asking a lawyer about.
What You Can Recover
Compensation for a Loss of Freedom
A false arrest is not only something that happened to you — it is something the law recognises and puts a value on.
A person who has been falsely arrested or imprisoned is entitled to monetary damages to compensate them for their loss of freedom.
What that comes to depends on the facts of your case. The first step is a conversation about what happened, and how long your freedom was taken from you.
Speak With Joel Silberman
Have You Been Wrongfully Arrested or Imprisoned?
If you or a loved one has been wrongfully arrested or imprisoned, The Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.