Advice from a Police Misconduct Attorney
More individuals than we realize are victims of police misconduct each year, and their ordeals are often overlooked. Law enforcement officers, on the other hand, mostly get out of these incidents unscathed. It is not easy to lead a police misconduct case; sometimes, success against law enforcement can only be achieved with the help of an experienced police misconduct attorney. Here are some pieces of advice if you or someone close to you has been a victim of some kind of police misconduct.
Know Your Rights
Everyone, regardless of condition, even in imprisonment, tort or crime, has civil rights. Whether you were seized unjustly or on a justifiable cause, whether you’re free or still convicted, some civil rights are inviolable. Under the United States constitution, you are entitled to protection against unlawful search or seizure (Fourth Amendment), freedom of speech and from retaliation (First Amendment), cruel punishment (Eighth Amendment), and discrimination of any kind (Civil rights Act of 1964).
Illegal seizure, police shootings, police brutality, wrongful conviction, and abuse by correctional officers, are some of the most common torts that law enforcement commit on civilians. Abusing their duties and rights, they cross the line into unlawful and unnecessary conduct, which is often linked to racial profiling.
No situation encourages or justifies the abuse of authority but protection to life or integrity; in other words, if you suffered police misconduct in a case where you were not a direct threat to anyone’s life and integrity, your civil rights were violated.
Get Your Case Evaluated
Not every possible police misconduct claim ends up as a case. It is necessary to get an expert’s evaluation of the nature of the offense committed, if any, the circumstances of the events where you believe you were a victim of police misconduct and a realistic approach to what can be defended or collected as damages in a case. There are often cases that don’t collect big money on settlements but are nonetheless worthy of pursuing to make justice served, especially since police misconduct is often overlooked.
Zoom in on the Type of Case
Once it’s been established that you have a case, a team of professionals will help you collect all the necessary evidence to support the claim. Testimonies, reports, ballistic tests, and other highly specialized information are required to make a case, and you’ll need assessment.
As with every other type of case, there is a time frame to make a claim, and you should promptly seek to get justice before the time runs out. Since the statute of limitations may vary according to the case and the state, it’s a good idea to take action quickly, finding people who are experts on police misconduct cases.
Make Your Voice Heard
Law enforcement is meant to protect and serve, not to abuse their rights and status. If you have been a victim of police misconduct, seeking justice for your case will help bring other cases to light and consciousness so that more people get the amendments they deserve.
More on Police Misconduct:
- About the Law Enforcement Misconduct Statute
- Agreeing with a search warrant
- Common types of Police Misconduct
- Deliberate Indifference
- Filing a police misconduct complaint
- How do I report Police Misconduct?
- Physical Assault
- The OJP Program Statute
- The Americans with Disabilities Act
- Police Misconduct in the US
- Laws Enforced by the Department of Justice
- Police Misconduct Provision
- What information should I include in a Complaint to DOJ
- Police Misconduct: A Violation of Your Rights
- See an Attorney about Police Misconduct
- Understanding Police Misconduct and Civil Rights Violations
- What is Police Harassment?
- What counts as Police Misconduct?
- Advice from a Police Misconduct Attorney
- Your Legal Options after Suffering a Wrongful Arrest
- How to Legally Act Against Police Brutality and Misconduct
- How to Tell If You Are the Victim of a Wrongful Arrest
- How to Pick a Civil Rights Lawyer for Police Misconduct Cases
- Defenses You May Use as a Police Officer Against Alleged Police Misconduct
- What to Do When You Sustain Injuries Due to Police Misconduct
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.