Unlawful Arrest Attorneys in Rochester, NY 

What Makes an Arrest in Rochester Unlawful—and Could It Happen to You? 

An arrest is unlawful when the police don’t have a solid legal reason to detain you. In Rochester, officers need something called “probable cause.” That means they must have actual evidence or a clear reason to believe you’ve committed a crime. If they don’t? That arrest is likely illegal. 

Under New York CPL § 140.10, officers are only allowed to make an arrest if they observe a crime, have probable cause, or possess a warrant. If they fail to meet these conditions, your arrest may violate state law. 

If this has happened to you, our Rochester civil rights attorneys are ready to help you understand your rights and fight back. 

Rochester’s Police Accountability: Are They Really Watching the Watchmen? 

Trusting the police to police themselves isn’t exactly comforting. But in Rochester, there’s hope. The city created the Police Accountability Board to oversee officers and investigate complaints. If you’ve been wrongfully arrested, this board could be your ally. 

The PAB looks into cases of excessive force, racial profiling, and yes, unlawful arrests. While it doesn’t erase what happened to you, it’s a step toward transparency. 

Still, you might wonder, “Are they really holding officers accountable?” It’s not always a perfect system. But knowing there’s a mechanism in place can give you the confidence to stand up for your rights. 

 How Do Cops Cross the Line? The Most Shocking Violations in Arrests 

When police overstep, it’s not just about breaking the law—it’s about shattering your trust. Here are some of the biggest ways our Rochester civil rights lawyers have seen officers cross the line in unlawful arrest cases: 

• No probable cause: If they didn’t have enough evidence to reasonably suspect you, the arrest is illegal. 
• Excessive force: Think of situations where handcuffs are too tight, or officers shove, hit, or use tasers without justification. None of that’s okay. 
• Ignoring your Miranda rights: Under New York CPL § 60.45, any statements obtained without a Miranda warning can’t be used in court. If the police skip this step, they’re violating your rights. 
• Racial profiling or discrimination: Targeting someone because of their race, religion, or ethnicity is not only wrong—it’s unconstitutional. 

Probable Cause in New York: How Police Cross the Line 

Police can’t just arrest you because they feel like it. In New York, they need probable cause, which is a fancy way of saying, “Show me the proof!” 

Probable cause can come from: 

• Eyewitness accounts: Someone credible must say they saw you commit a crime. 
• Direct evidence: Maybe the officer sees something illegal, like drugs or a weapon. 
• Behavior that raises suspicion: If you’re acting in a way that strongly suggests you’ve committed a crime. 

But let’s be clear—gut feelings don’t count. Neither do hunches or vague assumptions. If an officer doesn’t have clear, concrete reasons, they’re stepping way out of line. In these cases, an unlawful arrest attorney can help you determine whether your rights were violated. 

Think You Can’t Sue the Police? Here’s Why You’re Wrong. 

If you’ve been unlawfully arrested, you might feel powerless. After all, it’s the police—they’re the law, right? Not so fast. In Rochester, you can take action. 

Under New York Civil Rights Law § 8, citizens have the right to seek damages for violations of their constitutional protections. You can file a lawsuit against the Rochester Police Department if your arrest violated your rights. It doesn’t matter if the officer claimed they “made a mistake.” If they acted without probable cause, ignored the law, or targeted you unfairly, you deserve justice. 

A civil rights lawyer in Rochester can guide you through the process, helping you build your case and demand accountability. Filing a lawsuit isn’t just about compensation—it’s about making sure others don’t endure the same treatment. 

The Evidence You Need to Turn the Tables on Unlawful Arrests 

Building a strong case takes evidence, plain and simple. Without it, it’s your word against theirs. So, what should you look for? 

• Witnesses: Did anyone see what happened? Their statements can back you up. 
• Body cam footage: Rochester police wear body cameras, and that footage can make or break your case. 
• Photos and videos: If you or someone else captured the arrest on video, you’ve got solid proof. 
• Police reports: Believe it or not, officers sometimes write reports that contradict what they say later. Those inconsistencies can be a goldmine. 

If you’re not sure where to start, seeking wrongful arrest legal assistance can help you uncover the right evidence and fight back against misconduct. 

What Happens After an Unlawful Arrest? The Damages You Could Recover 

Unlawful arrests aren’t just frustrating—they can turn your life upside down. You might’ve missed work, paid for legal help, or felt humiliated in front of your community. Thankfully, the law lets you seek compensation for those losses. 

Here’s what you could recover: 

• Emotional damages: Anxiety, stress, or even PTSD from the trauma of being wrongfully detained. 
• Lost wages: If you couldn’t work because of the arrest or its aftermath, those wages can be reimbursed. 
• Medical bills: If the arrest left you physically injured, you shouldn’t have to cover those expenses. 
• Legal fees: Fighting the charges or filing a lawsuit costs money. The person or department responsible should foot that bill, not you. 

If you’ve been wrongfully arrested, you deserve legal help for unlawful detainment to ensure every penny of those damages is covered. 

We’re Here to Make Things Right After an Unlawful Arrest 

If you’ve been wrongfully arrested in Rochester, you don’t have to face this alone. At Horn Wright, LLP—named one of the best law firms in America—we’re ready to stand by your side. With the help of an experienced unlawful arrest attorney, we’ll fight to protect your rights and get the justice you deserve.  

Let’s talk about your case. Contact our office today for a FREE consultation.