New York False Imprisonment Laws

Summary

False imprisonment in New York involves unlawfully restraining someone without consent. It can be addressed under civil and criminal law. False imprisonment by police or jail officials can be a civil rights violation under 42 U.S.C. § 1983 or a state tort claim. If arrested and not arraigned promptly, it may violate the Sixth Amendment and CPL § 140.20.

Full Conversation

What are the laws in New York state regarding false imprisonment by police and jail
In New York State, false imprisonment by police and jail falls under civil rights violations and can be addressed as follows:
- **Civil Rights Law**: Under * U.S.C. § *, individuals can sue for false imprisonment if their constitutional rights were violated by police or jail officials.
- **State Tort Law**: Individuals may also file a state tort claim for unlawful detention or false arrest.
Would you like guidance on how to file a complaint or pursue legal action based on your specific situation?
What law is broken if you are arrested and not arraigned by a judge and brought directly to jail in New York state
In New York State, if you are arrested and not arraigned by a judge but brought directly to jail, it can potentially violate several laws, including:
- **Constitutional Right**: The Sixth Amendment guarantees the right to a speedy trial, which includes prompt arraignment.
- **Criminal Procedure Law (CPL)**: Under CPL § *.*, an arrested person must be brought before a judge without unnecessary delay.
Can you provide more details about the circumstances of the arrest? This will help in providing more specific guidance.