Unlawful Arrest Attorneys in Albany, NY
Were You Unlawfully Arrested in Albany, NY? Take Back Control of Your Rights
Getting arrested is a nightmare—there’s no way around it. But when that arrest is unlawful? It’s more than frightening; it’s a complete violation of your trust and your rights. Suddenly, you’re swept into a whirlwind of fear, anger, and uncertainty. You might be asking yourself, “How can this even be legal?” The harsh truth? It probably wasn’t. If this has happened to you, filing an unlawful arrest lawsuit may be your best path toward justice.
The Albany civil rights lawyers at Horn Wright, LLP, are committed to protecting your rights and holding law enforcement accountable for their actions.
Let us help you move forward.
Your Rights Were Violated—Don’t Let an Unlawful Arrest Go Unchallenged
When police cross the line and arrest you without proper justification, it’s more than just frustrating. It’s illegal. And you shouldn’t let it slide. In Albany, law enforcement is bound by strict rules, and when they break those rules, they need to be held accountable.
An arrest is considered lawful only if the officer had probable cause or a valid warrant. Without either of those, they’re operating outside the law. Probable cause is defined under New York Criminal Procedure Law § 140.10, which outlines the specific conditions under which arrests can occur. Were you targeted unfairly? Did the arrest feel like it was based on a hunch instead of hard facts? These are red flags.
If you’ve been unlawfully arrested, here’s what you should do:
- Write down everything: Every detail matters—the officer’s badge number, their exact words, the time, the location. Don’t leave anything out.
- Stay calm and compliant: Resisting can make things worse for you in the moment and in your case later.
- Talk to an attorney right away: A lawyer can help you figure out your next steps and start building a case to protect your rights.
This is your chance to take a stand. Don’t let someone else’s abuse of power dictate your future. Our Albany attorneys are ready to guide you through the process to get justice for these violations.
Turn the Tables: Filing a Civil Rights Lawsuit in New York
An unlawful arrest is a direct violation of your civil rights. And you have every right to push back by filing a lawsuit. Civil rights laws, like Section 1983 of the Civil Rights Act, exist to protect you from abuses of power by law enforcement.
To file a lawsuit, you’ll need to prove two key things:
- The officer didn’t have probable cause or legal grounds to arrest you.
- Their actions violated your constitutional rights, such as the Fourth Amendment’s protection against unreasonable searches and seizures.
New York gives you three years to file this kind of lawsuit, as per the New York Civil Practice Law and Rules § 214. But don’t wait. Evidence—like body camera footage or witness testimony—can disappear fast. The sooner you act, the better your chances of building a strong case.
If you’re considering an unlawful arrest lawsuit, it’s about more than just recovering damages. It’s about making sure what happened to you doesn’t happen to someone else.
Don’t Let an Unlawful Arrest Ruin Your Future—Clear Your Name
Even if the charges were dropped or you weren’t convicted, an unlawful arrest can still leave a nasty stain on your record. And that stain? It can follow you for years, making it harder to get jobs, housing, or even loans. But here’s the good news: you don’t have to live with that.
In New York, you can petition the court to seal or expunge your arrest record under New York Criminal Procedure Law § 160.50. While expungement (completely erasing the record) is rare, sealing is often an option. This means most employers and landlords won’t see it in background checks.
Here’s how to clear your name:
- File a motion with the court: You’ll need to prove that the arrest was unjust or that the charges were dropped.
- Gather evidence: Court documents, arrest records, and any proof of misconduct will strengthen your case.
- Show the impact: Explain how the arrest record is hurting your life, whether it’s costing you jobs or opportunities.
Clearing your record is a key step in protecting your constitutional rights in Albany. Don’t let an unlawful arrest hold you back from your future.
Let Horn Wright, LLP , Fight for You
An unlawful arrest can flip your world upside down, but you don’t have to go through it alone. At Horn Wright, LLP, we’re here to guide you, fight for you, and make sure justice is served. Filing an unlawful arrest lawsuit might feel overwhelming, but with one of the best law firms in America on your side, you can reclaim control of your life.
Call us today to take the first step toward justice with a FREE consultation.
What Sets Us Apart From The Rest?
Horn Wright, LLP is here to help you get the results you need with a team you can trust.
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We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
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No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.
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We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.
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The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.