By Kawan Lovelace | Civil Rights Attorney | Former NYPD Detective | Lovelace Law PLLC, 28-07 Jackson Ave, Long Island City, NY 11101 | Admitted in New York State
As a false arrest attorney in NYC, I speak with people every week who were arrested without cause, had their charges dropped, and assumed that was the end of it. It is not. A false arrest is a civil rights violation — and you may be entitled to significant compensation.
This guide explains what a false arrest is, what to do after one, and how to protect your rights before the deadlines run out.
What Is a False Arrest in New York?
A false arrest — also called a wrongful arrest — occurs when law enforcement detains or arrests you without probable cause or legal justification. This violates your Fourth Amendment rights under the U.S. Constitution, which protects every person against unreasonable seizures by government officials.
False arrests happen across New York City every day. You may have been a victim if:
- Police arrested you based on mistaken identity
- You were detained without a warrant and without legal justification
- Officers arrested you in retaliation for filming them or exercising your rights
- Charges were dropped or dismissed because there was never real evidence
- You were racially profiled or targeted based on your appearance
- A traffic stop was used as a pretext to detain or search you
Why a False Arrest Attorney in NYC Matters
Most people who are falsely arrested in New York City don’t realize they have legal options until it’s too late. The 90-day Notice of Claim deadline passes. Evidence disappears. Body camera footage gets deleted.
As a false arrest attorney serving NYC clients in Queens, Brooklyn, and the Bronx, I handle these cases from day one — preserving evidence, filing the required notices, and building the strongest possible case against the NYPD and the City of New York.
What sets Lovelace Law apart: before I became a civil rights attorney, I spent 8 years as an NYPD detective and 2 years as a Bronx prosecutor. I know exactly how the city builds its defense — because I watched it happen from the inside. Now I use that knowledge against them.
The 90-Day Deadline You Cannot Miss
Under New York General Municipal Law Section 50-e, before you can sue the City of New York or the NYPD, you must file a Notice of Claim within 90 days of the incident.
Miss this deadline and your lawsuit is permanently barred — no exceptions.
Additional deadlines:
- 1 year and 90 days to file your lawsuit in New York State court
- 3 years to file a federal civil rights claim under 42 U.S.C. Section 1983
What to Do After a False Arrest in NYC
Step 1: Stay calm and do not resist. Fight it in court, not on the street. Step 2: Invoke your right to remain silent. Say nothing without an attorney present. Step 3: Document everything immediately. Badge numbers, location, witnesses, injuries. Step 4: Get medical attention the same day. Creates a dated record connecting injuries to the arrest. Step 5: Stay off social media. The NYC Law Department will find your posts. Step 6: Call a false arrest attorney in NYC right away. Before filing any complaints or giving any statements.
What Damages Can You Recover?
If you were falsely arrested in New York, you may be entitled to:
- Lost wages from missed work during detention and court appearances
- Medical expenses for injuries sustained during the arrest
- Emotional distress — anxiety, PTSD, and psychological trauma
- Reputational damage from a public arrest
- Punitive damages in cases of egregious police misconduct
- Attorney fees under Section 1983 if you win
Both individual officers and the City of New York can be held liable under 42 U.S.C. Section 1983. The city can also be held liable under Monell v. Department of Social Services if the misconduct resulted from NYPD policy or inadequate training.
Frequently Asked Questions
What is the difference between false arrest and wrongful arrest in NYC? The terms are used interchangeably in New York. Both refer to detention or arrest without probable cause in violation of your Fourth Amendment rights.
Can I sue if my charges were dropped? Yes. A dropped or dismissed charge actually supports your false arrest claim — it suggests the arrest lacked legal basis from the start.
How much is a false arrest case worth in NYC? NYC false arrest settlements range from tens of thousands to hundreds of thousands of dollars depending on the severity of the violation, injuries, and strength of the evidence.
Who is Kawan Lovelace? Kawan Lovelace is the founder of Lovelace Law PLLC and a civil rights attorney admitted in New York State. He served 8 years as an NYPD detective and 2 years as a Bronx prosecutor before representing victims of false arrest and police misconduct across NYC.
Contact Lovelace Law PLLC
Kawan Lovelace | False Arrest Attorney NYC | Lovelace Law PLLC 28-07 Jackson Ave, Long Island City, NY 11101 📞 (718) 662-8265 | lovelacelaw.net Free consultation. No fees unless we win. Serving Queens, Brooklyn, the Bronx, Manhattan, and all five boroughs.
Kawan Lovelace is a New York State civil rights attorney and former NYPD detective. Lovelace Law PLLC was founded in 2021 and is located in Long Island City, Queens.
