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False Arrest/Imprisonment

In New Jersey, law enforcement needs to have legal justification to place a person under arrest. Being arrested however is a very technical term.

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What Is a False Arrest?

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.

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A Technical Term

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

Being placed in handcuffs, placed in the back of a police car and driven to the police station — or even worse, jail. That sequence is correct.

What the Law Also Covers

Being placed under arrest can also occur when law enforcement takes steps to restrain an individual’s liberty and freedom of movement.

The Critical Element

The critical element is a loss of freedom. If your liberty was taken from you without legal justification, it is worth asking a lawyer about.
What You Can Recover

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.

A person who has been falsely arrested or imprisoned is entitled to monetary damages to compensate them for their loss of freedom.

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.

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In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez
“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason
“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers
“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen
“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

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.

Call 201-420-1913Free Consultation