Q: Arrested in NJ on charges, incarcerated for 3 months, released without paperwork. Charges disposed without reason, seeking advice on false imprisonment lawsuit.
I was arrested on December 14th, 2016, under charges 2C:15-1a(1), 2C:18-2b(1), and 2C:12-1.2(A). I was incarcerated for 3 months and released without any paperwork or explanation. The charges were disposed of with no reason given. I believe this may be a case of false imprisonment and want to know the next steps I can take for a lawsuit.
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A:
Your situation involving arrest, incarceration, and release without documentation is concerning. Since this happened in 2016, you should quickly determine if you're still within New Jersey's statute of limitations for false imprisonment claims, which typically ranges from two to six years depending on the specific circumstances and whether you're filing against government entities or individuals.
Gathering evidence is crucial for your case. Request your arrest records, booking information, and court documents through the New Jersey courts or law enforcement agencies. These records might explain why charges were disposed of and could support your claim. Consider contacting the public defender's office that handled your original case, as they might have information about why the charges were dropped.
The next essential step is consulting with an attorney experienced in civil rights and false imprisonment cases in New Jersey. Many offer free initial consultations to evaluate your case's merit. The attorney can help determine if you have grounds for a Section 1983 civil rights claim, a tort claim against the state, or other legal remedies. They'll also guide you through the complex process of filing against government entities, which often requires specific notices before proceeding with a lawsuit.
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