An Arrest Without Legal Justification
In New Jersey, law enforcement needs to have legal justification to place a person under arrest. Where that justification is missing, the arrest is false — whatever it was called at the time.
Being arrested, however, is a very technical term, and it covers more than most people expect. The critical element is a loss of freedom, not the handcuffs.
False arrest and false imprisonment are among the civil rights claims Joel Silberman brings against law enforcement, often alongside excessive force and malicious prosecution claims.
What Counts as Being Under Arrest
People are often told they were never arrested, so they assume they have no claim. Under our law the question is narrower than that:
What Most People Picture
What the Law Also Covers
The Critical Element
Compensation for a Loss of Freedom
A false arrest is not only something that happened to you — it is something the law recognises and puts a value on.
What that comes to depends on the facts of your case. The first step is a conversation about what happened, and how long your freedom was taken from you.

What Clients Say
Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”
Have You Been Wrongfully Arrested or Imprisoned?
If you or a loved one has been wrongfully arrested or imprisoned, The Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.
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