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I was falsely arrested for resisting arrest. it was at an airport so it was all on camera can I sue after trial read all details

Saranac Lake, NY |

i'll I was also was assaulted. head smashed off a wall. and choked on camera and harassed all while In hand cuffs i'll admit disorderly conduct cuz I was drunk and belligerent but I did not resist arrest and I was attacked and I didn't go after the cop or anything

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Posted

You can attempt a suit based on the actions you described. The action will have a better chance if you are not found guilty of anything and it would be better if you did not admit to negative activities on the internet. You might want to consult with a civil attorney about your chances. Good luck.

This answer is only for informational purposes and is not meant as legal advice.

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Posted

You may be able to sue. However, you likely need to serve a Notice of Claim within 90 of the incident to preserve your state law claims. You criminal defense lawyer should take steps to get the surveillance tapes before they are taped over.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

You may sue after you are acquitted or the case is dismissed. An ACD will prohibit a lawsuit by you. You must make a timely claim against the agency/municipality by filing notice. Consult an attorney concerning the latter, as it may be as early as 90 days after the incident.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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