Manhattan Law Office of Amelio Marino and Ronald Veneziano

Wrongful Arrest

This is becoming an issue as the media is now almost at the crime scene before the police arrive at the crime scene due to the community members and their video cameras. Some people in general with video cameras and some companies who put video cameras in their foyers now take the real time picture of a crime scene which opens to speculation why anyone is where they are at the time of crime. This then may lead to speculation that you are the person who committed the crime.

The issue with real time camera is the context is only for that moment in time. There is evidence that people may think they are perceiving reality when in fact they are not due to psychological factors called bias, and primacy and regency effect.

An example might be a person withdrawing funds from a bank machine late at night and a crime is committed near by and hence you are suspect one.

There are some rare occasions when the zeal of others may find you arrested and even incarcerated for some crime you did not commit. When this occurs there needs to be some understanding of you as an individual for the court not only upon arrest and arraignment but as well upon or even after conviction. Such an understanding will assist the adjudicator of the facts understand you in terms of the untoward circumstances that found you in these unusual circumstances. When this occurs then you have some method to defend yourself for a not guilty plea. But, if found not guilty then the assessment becomes even more important when trying to receive compensation for the wrongful arrest. Also, this assessment may be used for planning your treatment.