False Arrest Attorney in New Jersey and New York

Being arrested is one of the most disruptive and humiliating experiences a person can face. When that arrest was made without probable cause, the harm does not end when you are released. A false arrest follows you: in records, in background checks, in the way it affects your employment and your reputation. The Fourth Amendment protects every person from being seized without legal justification, and the civil rights laws give you a path to hold the responsible officers and institutions accountable. Thai Nguyen Law handles false arrest claims in New Jersey and New York.

What Constitutes a False Arrest Under the Law?

False arrest is the unlawful restraint of a person’s freedom of movement against their will without legal justification. In the context of law enforcement, the constitutional claim arises under the Fourth Amendment’s prohibition on unreasonable seizures. The legal standard for a lawful arrest is probable cause, which exists when the officer has reasonably trustworthy information sufficient to warrant a reasonable person to believe that the suspect committed or was committing a crime. An arrest made without probable cause is a constitutional violation regardless of whether the arresting officer believed they were acting lawfully.

Civil false arrest claims are brought under 42 U.S.C. Section 1983 for constitutional violations by government actors, and under state common law tort claims for false imprisonment by both government and private actors. New Jersey’s Civil Rights Act, N.J.S.A. 10:6-2, provides a parallel state law vehicle for false arrest claims against government officials that does not incorporate federal qualified immunity in the same restrictive form. Pursuing both federal and state claims simultaneously is typically the strongest approach in New Jersey false arrest cases, giving the plaintiff two independent legal tracks and maximizing the available recovery.

The existence of probable cause at the time of arrest is the central question in every false arrest case. Notably, the subsequent dismissal of criminal charges, a not-guilty verdict, or even the absence of any criminal charges being filed does not by itself establish that the arrest lacked probable cause. Conversely, the fact that charges were filed or that a grand jury indicted does not conclusively establish that probable cause existed at the moment of arrest. The civil court conducts its own independent analysis of what the officer knew and reasonably could have concluded at the time the handcuffs went on.

Common Circumstances That Give Rise to False Arrest Claims

Mistaken identity is one of the leading causes of false arrests in New Jersey and New York. An officer acts on a description matching the plaintiff but not the actual suspect, or accepts an unreliable witness identification without independent corroboration. A warrant for a different person with a similar name is executed against the wrong individual. Arrests based solely on a victim’s accusation without corroborating evidence are a recognized category. Arrests made in retaliation for filming police or verbally challenging an officer’s conduct are a growing area of civil rights litigation in both New Jersey and New York.

How Thai Nguyen Law Handles False Arrest Cases

False arrest cases are built on the factual record that existed at the moment of the arrest. We obtain the arresting officer’s report, body camera and dash camera footage, witness statements, any identification procedures used, and the criminal case records including the charging documents and any subsequent dismissals or acquittals. We analyze exactly what information the officer had at the time of arrest, what a reasonable officer would have concluded from that information, and where the probable cause analysis broke down.

Our approach to false arrest cases includes:

Obtaining arrest reports, body camera footage, dispatch logs, and any identification procedure records
Reviewing criminal case records including charging documents, evidence submitted, and any dismissals or acquittals
Assessing both Section 1983 federal claims and parallel New Jersey Civil Rights Act claims
Evaluating Monell liability against the municipality for policies or practices that contributed to the unlawful arrest
Documenting damages including lost employment, reputational harm, emotional distress, and legal costs from the criminal proceedings
Litigation in federal or New Jersey state court with full preparation for trial when settlement is not reached

False Arrest by Private Parties: Retail Detention and Security Claims

Not every false arrest involves law enforcement. Retail stores and security guards who detain a person without legal authority can face false imprisonment claims under state tort law. New Jersey’s shopkeeper’s privilege permits merchants to briefly detain someone they reasonably suspect of shoplifting, but that privilege has defined limits. The detention must be based on reasonable grounds, conducted reasonably, and limited to the time necessary to investigate. When a store detains a customer without reasonable suspicion, holds them for an unreasonable time, or calls police without sufficient basis, both the store and its security personnel may face civil liability. Attorney Nguyen handles government and private false arrest claims.

What to Expect Working With Us

01 – Free Case Review — We evaluate the arrest circumstances, the probable cause question, and the available claims at no cost. No fees unless we win.
02 – Evidence Preservation and Records — We obtain body camera footage, arrest records, and criminal case documentation immediately to build the factual record before it is lost.
03 – Claim Development — We assess individual officer liability, qualified immunity exposure, and Monell municipal liability, and pursue the strongest available combination of federal and state claims.
04 – Litigation or Settlement — Government defendants in civil rights cases contest liability vigorously. We are fully prepared to take these cases to trial.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen understands at a personal level what it means to be subject to government power without adequate protection. Civil rights claims are brought disproportionately by people who have been targeted because of who they are rather than what they did. Attorney Nguyen takes these cases seriously, challenges the government’s narrative with evidence, and holds individual officials and the institutions that enable them accountable.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — is grounded in a commitment to standing with people whose rights were violated by the systems that were supposed to protect them. Thai Nguyen Law serves New Jersey and New York and handles civil rights cases nationwide, with services in English, Vietnamese, and Spanish.

Free consultation — Understand your rights and options before making any decisions
No fees unless we win — No upfront cost on civil rights cases we accept
Multilingual service — English, Vietnamese, and Spanish
Award-winning representation — Recognized for results in complex civil rights cases

Frequently Asked Questions

Yes. The dismissal of criminal charges is relevant evidence that the prosecution concluded it lacked sufficient basis to proceed, but the civil false arrest claim turns specifically on whether probable cause existed at the moment of arrest, not on what happened in court afterward. If charges were dropped because evidence was insufficient, because the case was fabricated, or because the wrong person was arrested, those facts strongly support the civil claim. Charges that were dismissed after prosecution also support a malicious prosecution claim, which is a separate but related civil rights theory. Attorney Nguyen evaluates both claims when the facts support them.

An officer’s claim that they had probable cause is not the final word on the question. Probable cause is an objective legal standard assessed by the court, not a subjective belief the officer gets to self-certify. The court examines the specific facts the officer knew at the time, whether those facts would lead a reasonable officer to conclude a crime had been committed, and whether the officer’s account is supported by the objective evidence including camera footage and witness accounts. Officers sometimes overstate what they knew or observed in their written reports. Body camera footage that contradicts the written report is among the most powerful evidence in false arrest civil rights cases. Attorney Nguyen examines everything before accepting the officer’s account at face value.

Section 1983 false arrest claims in New Jersey must be filed within two years of the arrest under the state’s personal injury limitations period, N.J.S.A. 2A:14-2. New Jersey Civil Rights Act claims follow the same two-year period. State tort claims for false imprisonment against government entities may require a Notice of Claim within 90 days under the New Jersey Tort Claims Act. In New York, the Section 1983 limitations period is three years, with the 90-day Notice of Claim requirement applying to state law claims against city entities under General Municipal Law Section 50-e. Contact Attorney Nguyen promptly, particularly when a Notice of Claim deadline may apply.

False arrest damages include compensation for the time spent in custody, physical harm suffered during the arrest or detention, emotional distress and psychological harm, lost wages from missed work, damage to professional reputation, and the costs of criminal defense attorney fees incurred as a direct result of the wrongful arrest. If the arrest led to public exposure, such as a news report or social media coverage, reputational damages may be substantial. Section 1983 claims also allow recovery of attorney fees under 42 U.S.C. Section 1988 when the plaintiff prevails. In cases of particularly egregious conduct, punitive damages against the individual officer may also be available. Attorney Nguyen documents every component of damages before any settlement is considered.

Wrongfully Arrested? Call Thai Nguyen Law Today.

False arrest follows you long after you are released. If you were arrested without probable cause in New Jersey or New York, call Thai Nguyen Law for a free, confidential consultation. No upfront fees on cases we accept. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win