Generally, if you are looking to file a claim against the NYPD for false arrest you CAN NOT plea guilty to a crime or violation, and can NOT accept an ACD. There must be an outright dismissal as to your criminal case, or you lose the right to sue.
What if I was hurt by the NYPD?
claims for excessive force survive even after pleading guilty. The information in step 1 does not apply. The logic here being that if you accept a plea for anything then you can not turn around and say you were falsely arrested, otherwise you would not have plead. however, the claim for excessive force/ police brutality is not arguing that the arrest was illegal or improper, just that too much force was used in the arrest itself, meaning that regardless of a plea the claim will still be viable.
Is there a statute of limitations?
Generally, you must file a notice of claim within 90 days of the incident. However, there may be an extension of up to a year and a day.
How long will this suit take?
the process for suits against the NYPD, and the city, are different than in most circumstances. If you file a notice of claim your attorney will be notified about a hearing scheduled on your behalf, you will present yourself at this hearing with your attorney, and after the hearing there will be a plea offer within a relatively short period of time... overall the entire process could only take a few months.
Should i testify at my hearing if my case is still open?
generally, it's not a good idea to testify at a hearing before your criminal case is disposed of. however, there are always exceptions... especially if your civil case is reaching its statute of limitations date.
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