Can I sue for false arrest if criminal charges were eventually dropped?

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.

What if the officer said they had probable cause?

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.

How long do I have to file a false arrest civil rights claim in New Jersey?

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.

What damages can I recover for a false arrest?

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.

civil

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