If police responded to a domestic violence call, even if things had calmed down by the time they arrived, it’s unlikely that your arrest would be considered illegal or improper by a New York court.
Over the last decade, New York City police have adopted strict policies of arresting suspects in suspected domestic violence situations, with the intention of erring on the side of caution and letting things cool down between the two parties involved.
Judges and prosecutors both support the policy, and even if you and your spouse had resolved your differences by the time police arrived, if the officers saw anything that looked like a fight may have been taking place, the arrest would be justified.
There are certainly cases where arrests are improperly made, and if the facts of your case support an illegal arrest, you do have recourse.
The attorneys at Zelenitz, Shapiro & D’Agostino represent individuals charged in domestic violence cases, and can take steps to remedy inappropriate police action and make you whole.
Call us at 718-599-1111 and talk to a criminal defense attorney for free.