Being wrongfully charged with a crime tears your life apart. You lose your job, your reputation, and your sense of safety. If you were prosecuted without probable cause and your case ended in your favor, you have the right to hold those responsible accountable. As a Queens malicious prosecution lawyer, The Orlow Firm is based in Flushing, Queens. Our attorneys have spent over 40 years fighting police misconduct and civil rights violations throughout Jamaica, Astoria, Far Rockaway, and every corner of Queens.
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False Arrest | New York City False Arrest Attorney" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The Orlow Firm's attorneys explain false arrest claims in New York City. The video covers your rights when police detain you without probable cause, a situation that often leads to malicious prosecution.
Malicious prosecution happens when someone starts or continues a criminal case against you without probable cause. The person acts out of malice rather than a real law enforcement purpose, and the case ends in your favor. It is both a state common law tort and a federal civil rights claim under 42 U.S.C. Section 1983.
The difference between malicious prosecution and related claims matters. False arrest covers unlawful detention at the point of arrest itself. Malicious prosecution goes further. It addresses the wrongful continuation of criminal proceedings through the legal system after arraignment. Abuse of process, by contrast, involves misusing legitimate legal procedures for an improper purpose.
Several types of people can commit malicious prosecution. Police officers who fabricate evidence or file false charges are the most common defendants. Private individuals who file false police reports that lead to criminal charges can also be liable. In rare cases, prosecutors who act outside the scope of their immunity face claims too. Steven Orlow, our Founder, served as a former Assistant District Attorney in Kings County. He has firsthand knowledge of how cases are built and how corners get cut.
Maybe you were arrested at a traffic stop in Jamaica on fabricated charges. Or wrongfully charged based on false evidence in Far Rockaway. The pattern is the same: someone with authority abused it, and you paid the price. A malicious prosecution claim is your path to accountability and to recovering compensation for the damage done to your life, career, and reputation.
The Four Elements You Must Prove (Plus New York's Fifth)
To win a malicious prosecution claim, you must prove four elements. In state court, you also need a fifth that most attorneys overlook.
Element 1: Initiation or Continuation of Criminal Proceedings
The defendant must have started or actively continued a criminal case against you. For police officers, this means filing charges, submitting false reports, or giving fabricated testimony to a grand jury.
Element 2: Favorable Termination
Your criminal case must have ended in your favor through acquittal, dismissal, or the charges being dropped. An Adjournment in Contemplation of Dismissal (ACD) does not qualify. Under New York law, an ACD counts as a "compromise," not a favorable termination. It may eventually lead to dismissal if you stay out of trouble, but that is not enough. Plea deals also do not count.
Element 3: Absence of Probable Cause
The prosecution must have lacked probable cause. If there was no reasonable basis for the charges, this element is met. Evidence fabrication, witness coercion, or hiding exculpatory evidence can all show the absence of probable cause.
Element 4: Actual Malice
The prosecution must have been driven by an improper purpose rather than a good-faith effort to enforce the law. Malice can be inferred from the circumstances. When probable cause is clearly absent, courts often find malice follows.
Element 5: Special Injury (New York State Claims Only)
New York requires a fifth element for state common law malicious prosecution claims. You must show "special injury," meaning interference with your liberty (arrest or detention), property, or business. This requirement comes from the New York Court of Appeals decision in Engel v. CBS, Inc.
This fifth element is why many malicious prosecution cases go the federal Section 1983 route instead. Federal claims do not require proof of special injury. Our attorneys Brian Orlow and Adam Orlow are both admitted to the U.S. District Courts for the Eastern and Southern Districts of New York. This lets us pursue the federal route when it gives you a strategic advantage.
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Five Elements of a Malicious Prosecution Claim:
- Initiation of Criminal Proceedings -- The defendant started or continued a criminal case against you
- Favorable Termination -- Your case ended in your favor (acquittal, dismissal, or charges dropped)
- Absence of Probable Cause -- No reasonable basis existed for the charges filed against you
- Actual Malice -- The prosecution was driven by an improper purpose, not good-faith enforcement
- Special Injury (NY State Only) -- Interference with your liberty, property, or business (not required for federal Section 1983 claims)
What's in this video?
The Orlow Firm explains what counts as a false arrest in New York City and what steps you should take if you are a victim. This matters because false arrest often comes before malicious prosecution.
Police Misconduct and Malicious Prosecution in Queens
Malicious prosecution is not an abstract legal theory in Queens. It is a documented pattern backed by data that no other law firm has analyzed.
Our analysis of CCRB complaint records shows that Queens recorded 22,104 civilian complaints against police officers between 2000 and 2025, with 1,357 (6.1%) resulting in substantiation. The 103rd Precinct covering Jamaica, Hollis, and St. Albans leads all Queens precincts with 2,709 complaints and 161 substantiated findings. The neighboring 113th Precinct in South Jamaica and Springfield Gardens ranks second with 2,209 complaints and 167 substantiated findings. Together, these two precincts account for 22.2% of all Queens police misconduct complaints.
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Top Queens Precincts: CCRB Complaints (2000-2025)
- 103rd Precinct (Jamaica, Hollis): 2,709 total complaints, 161 substantiated
- 113th Precinct (South Jamaica): 2,209 total complaints, 167 substantiated
- Queens Overall: 22,104 total complaints, 1,357 substantiated (6.1%)
- These two precincts account for 22.2% of all Queens police misconduct complaints
- 24.6% of substantiated complaints resulted in no penalty
Source: NYC Open Data / CCRB records (2000-2025), analyzed by The Orlow Firm
The types of misconduct documented connect directly to malicious prosecution. Our review of CCRB allegation data found "threat of arrest" is the third most common allegation in Queens with 1,900 instances. That is a direct precursor to the coercion and fabrication that leads to malicious prosecution. Among encounters that resulted in arrest, 2.7% involved charges of "resisting arrest" (598 cases) and 1.9% involved "disorderly conduct" (425 cases). Both charges are frequently tied to false arrest and malicious prosecution.
The discipline problem makes matters worse. Citywide, 24.6% of substantiated misconduct complaints resulted in no penalty from the NYPD, and only 27 officers (0.2%) were terminated. Officers who face no discipline are more likely to repeat misconduct, including fabricating charges. Substantiation rates in Queens have surged from roughly 3.2% historically to 16.8% in 2023, showing increased scrutiny of police conduct.
According to Legal Aid Society analysis of NYC Law Department data, the city paid $206.4 million in police misconduct settlements in 2024 across 980 lawsuits. The NYC Comptroller's FY 2023 Claims Report found that $81.3 million of all NYPD settlement costs that year came from just 13 reversed conviction cases.
The Orlow Firm's main office is in Flushing. We know these precincts, these courts, and these neighborhoods. Adam Orlow, Managing Partner, served as President of the Queens County Bar Association (2022-2023), giving him deep relationships within the Queens legal community.
Queens-Specific Wrongful Prosecution Cases
Queens has a uniquely troubling history of wrongful prosecutions that shows why local legal knowledge matters.
Queens District Attorney Melinda Katz launched the Conviction Integrity Unit (CIU) in 2020. It has since vacated 148 convictions. In August 2024, the CIU moved to dismiss 46 Queens convictions. All were connected to former NYPD Detective James Donovan, who pled guilty to perjury for falsely testifying before a Queens grand jury. In January 2025, NYPD officer Miguel Vanbrakle was indicted for perjury, evidence tampering, and official misconduct in a Queens weapons case.
These are not isolated incidents. In the Bolt, Johnson, and Bell case, three men were wrongly convicted in 1996 for murders in East Elmhurst, Queens. Police and prosecutors failed to share evidence. The three men were ultimately awarded $47.7 million in total.
Our analysis of CCRB victim demographics shows that 42.6% of Queens police misconduct complaints come from Black residents, despite Black residents making up roughly 19% of Queens' population. Hispanic residents are also disproportionately affected. These disparities reflect systemic patterns, not coincidence.
Steven Orlow, our Founder, served as former Counsel to the County Executive of Queens County. He also served as former NYC Council Member-At-Large representing Queens County. Our firm is close to Queens Criminal Court at 125-01 Queens Boulevard in Kew Gardens, where these wrongful prosecutions start and where dismissals happen.
Police Brutality Lawyers in Queens, What's in this video?
The Orlow Firm discusses its police misconduct practice across New York City boroughs, including Queens. The video covers the types of cases the firm handles against law enforcement.
Federal vs. State Claims: Section 1983 and Your Options
Choosing between a state tort claim and a federal Section 1983 civil rights claim is one of the most important decisions in a malicious prosecution case.
State tort claim under New York common law carries a one-year statute of limitations (the deadline to file your lawsuit) under CPLR 215(3). It requires proof of the fifth "special injury" element and is limited to state courts.
Federal claim under 42 U.S.C. Section 1983 gives you a three-year statute of limitations. It does not require special injury. You can file in the U.S. District Court for the Eastern District of New York (EDNY) or Southern District of New York (SDNY). Federal claims also let you sue the City of New York under Monell liability. This applies when your prosecution resulted from a municipal policy, custom, or pattern of misconduct.
Notice of Claim requirement: When suing NYC, the NYPD, or any municipal entity, you must serve a Notice of Claim under General Municipal Law Section 50-e. You have 90 days from the favorable termination of your criminal case. Missing this deadline can kill a state claim.
Qualified immunity is a common defense. Police officers will argue they acted reasonably under the circumstances. But this defense fails when probable cause was clearly absent or when officers fabricated evidence. Courts have consistently held that officers who manufacture evidence or lie to grand juries cannot claim they acted in good faith.
Prosecutorial immunity is absolute for charging decisions. But it does not protect prosecutors who take part in investigative misconduct, like helping police fabricate evidence before charges are filed. This distinction matters in Queens. The Detective Donovan perjury case revealed how closely some officers and prosecutors worked together to secure wrongful convictions.
Brian Orlow and Adam Orlow, both Managing Partners, are admitted to practice in EDNY and SDNY. We can evaluate your case and file in whichever court gives you the strongest position, without referring you to outside counsel.
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Federal vs. State Malicious Prosecution Claims:
| Feature | State Tort Claim | Federal Section 1983 | |---------|-----------------|---------------------| | Statute of Limitations | 1 Year | 3 Years | | Special Injury Required | Yes (5th element) | Not Required | | Notice of Claim | Required (90 days) | Not required (but advisable) | | Where You File | NY State Courts | U.S. District Court (EDNY/SDNY) | | Sue the City (Monell) | Limited | Yes (Monell liability) |
Federal Section 1983 is often the stronger option.
Damages You Can Recover in a Queens Malicious Prosecution Case
A successful malicious prosecution claim can pay you back for the full scope of harm you suffered.
Compensatory damages include lost wages from time in custody or attending court dates. They also cover legal fees you paid to defend the wrongful criminal case. Medical costs for therapy, stress-related conditions, and physical injuries from the arrest are included too.
Emotional distress damages cover anxiety, depression, PTSD, humiliation, and the strain on personal and family relationships that wrongful prosecution causes.
Reputational harm is often the longest-lasting injury. A wrongful arrest and prosecution can cost you your job and make it hard to find new work. It can cause social stigma in your community and put professional licenses at risk.
Punitive damages may be available when the defendant acted with malice or reckless indifference to your constitutional rights. These damages punish egregious misconduct and deter similar behavior.
For context, the Courtney Merchant case saw a Queens resident arrested in July 2023 on fabricated weapons charges. The charges were later dismissed, and the case settled in March 2025 for $480,000. The Alejandro and Santamaria case, where charges were dropped in January 2023, settled for $215,000. Wrongful conviction cases reach far higher: the Bolt, Johnson, and Bell case resulted in $47.7 million in total awards.
Our Proven Results in Police Misconduct Cases
$1,250,000 | Wrongful death of a diabetic who died after being denied insulin in police custody for 40 hours.
$475,000 | Emotionally disturbed woman shot in the face with a bean bag gun by police, resulting in loss of an eye.
$400,000 | Inmate sexually assaulted by a corrections officer.
$275,000 | Parking attendant assaulted and falsely arrested by police; required shoulder surgery.
$200,000 | Teenager kicked in the face by an NYPD officer; required jaw fracture surgery.
$150,000 | False arrest of a probation officer.
$150,000 | Man walking down the street assaulted by police officers; required thumb surgery.
Prior results do not guarantee a similar outcome.
Critical Deadlines and the Notice of Claim
Missing a filing deadline can destroy a valid malicious prosecution claim. The deadlines are short, and the clock starts running the moment your criminal case ends in your favor.
90-day Notice of Claim: Under General Municipal Law Section 50-e, you must serve a Notice of Claim on the City of New York. The deadline is 90 days from the favorable termination of your prosecution. You need this before you can sue the NYPD, individual officers in their official capacity, or the city itself.
One-year statute of limitations applies to state tort malicious prosecution claims under CPLR 215(3). The clock begins when the criminal proceeding ends in your favor.
Three-year statute of limitations applies to federal Section 1983 claims. This longer window is one of the key advantages of pursuing a federal case.
Late Notice of Claim: Courts can grant permission to file a late Notice of Claim, but the standard is strict. You must show the municipality already knew the facts and will not be prejudiced by the delay. Do not count on this exception.
For malicious prosecution, the trigger date is the favorable termination, not the date of your arrest. This is a critical distinction. Your charges may have been dismissed weeks or months ago, meaning your deadline may be closer than you think.
The interplay between these deadlines is complex. If you plan to bring both state and federal claims against the city, you face three deadlines. The Notice of Claim is due in 90 days. The state tort action must be filed within one year. The Section 1983 federal claim has a three-year window. The 90-day Notice of Claim must come first to preserve the state claim.
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Critical Filing Deadlines (clock starts when charges are dismissed):
- 90 Days -- Notice of Claim: Required before suing NYC, NYPD, or any city entity
- 1 Year -- State Tort Claim: CPLR 215(3) deadline for state common law claims
- 3 Years -- Federal Section 1983: Federal civil rights claim with longer filing window
The 90-day Notice of Claim must come first. Call (646) 647-3398 immediately after dismissal.
Call (646) 647-3398 immediately after your charges are dismissed. The clock is already running.
Frequently Asked Questions About Malicious Prosecution in Queens
Can I still sue for malicious prosecution if my case ended with an ACD?
No. Under New York law, an Adjournment in Contemplation of Dismissal (ACD) counts as a compromise, not a favorable termination. Because a favorable termination is required, an ACD ending typically blocks your claim. Talk to a Queens malicious prosecution attorney about whether exceptions may apply to your case.
How long does a malicious prosecution lawsuit take to resolve?
Most malicious prosecution cases take between one and three years to resolve. Cases against the City of New York often take longer due to municipal litigation procedures. Federal Section 1983 cases may move faster in some districts. Settlement talks can shorten the timeline, but cases involving policy challenges or multiple defendants typically need more time.
What if I was arrested but the charges were later reduced, not fully dismissed?
A reduction in charges may not count as a favorable termination for the dropped charges. If some charges were dismissed while others led to conviction or a plea, you may only have a claim for the dismissed charges. The analysis depends on the facts, so review the details with an experienced malicious prosecution attorney.
Can I sue for malicious prosecution if I was a minor when arrested?
Yes. Minors can bring malicious prosecution claims, and New York's tolling rules may extend the statute of limitations (the deadline to file). Generally, the clock does not start running until the minor turns 18, giving extra time to file. A parent or guardian can also bring a claim on the minor's behalf before that time.
Do I have to pay upfront for a malicious prosecution lawyer?
No. The Orlow Firm handles malicious prosecution cases on a contingency fee basis. You pay nothing unless we recover compensation for you. Our fee is typically one-third of the net recovery. Your initial consultation is free, and there is no obligation to proceed after speaking with us.
What evidence should I preserve after my charges are dismissed?
Keep all arrest records, booking photos, police reports, grand jury documents, court filings, and letters from your criminal defense attorney. Collect contact information for witnesses. Save text messages, emails, and social media posts from around the time of arrest. Request your CCRB complaint file if you filed one. This evidence strengthens your civil claim.
Can an employer fire me because I was wrongfully arrested, and can I recover those lost wages?
Yes, you can recover lost wages as part of your malicious prosecution damages. If you lost your job because of the wrongful arrest or prosecution, the wages and benefits you would have earned are compensable. If the arrest hurt your ability to find new work, lost future earning capacity may also be recoverable.
What happens if the officer who arrested me has other misconduct complaints?
Prior misconduct complaints against the arresting officer can strengthen your case. Our analysis of CCRB records shows the most-complained-about officers in Queens precincts have 45 to 64 allegations each. Pattern evidence of repeated misconduct helps show that the officer acted with malice and that the city failed to supervise or discipline the officer. This supports both individual and Monell municipal liability claims.
Sources & Official Resources
New York Laws Cited
- CPLR 215(3) -- One-Year Statute of Limitations for Malicious Prosecution
- General Municipal Law Section 50-e -- Notice of Claim Requirement
Federal Laws Cited
Government Data Sources
- NYC Open Data -- CCRB Complaints, Allegations, and Demographics (2000-2025)
- NYC Comptroller -- Annual Claims Report (Police Misconduct Settlements)
Queens District Attorney
- Queens DA Conviction Integrity Unit -- Detective Donovan Case Dismissals
- Queens DA -- Officer Vanbrakle Indictment for Perjury and Official Misconduct
Court Resources
Bar Associations
Helpful Resources
Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. CCRB complaint, allegation, and demographic data (Civilian Complaint Review Board, 2000-2025) is published at the precinct level. We aggregated these records to produce the Queens-specific statistics cited above, as city agencies do not publish pre-calculated borough-level breakdowns for all metrics.
Contact a Queens Malicious Prosecution Lawyer Today
If your criminal charges were dismissed, dropped, or ended in acquittal, you may have a malicious prosecution claim. But the clock is already running. The Orlow Firm has protected wrongfully prosecuted Queens residents from our Flushing office for over 40 years. You will work directly with a partner, not a junior associate.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win your case.
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What's in this video?
The Orlow Firm's attorneys discuss their experience handling police misconduct cases in New York City. The video covers false arrest and malicious prosecution claims against the NYPD.
