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Why You Should Hire a Private Police Misconduct Defense Attorney

This content about Police Misconduct was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.

Law enforcement officers risk their lives to protect the public, which sometimes involves making quick judgment calls under emotionally charged and stressful conditions. These circumstances can sometimes lead to unintended consequences, and just like any other individual, police officers must comply with federal law and the Constitution. If someone believes that you have pushed the limits of your authority outside lawful bounds as a police officer, you might face civil or even criminal charges and need a police misconduct attorney.

In these cases, seeking a police misconduct attorney is something you should do immediately. Although your department may provide you with a perfectly able lawyer, a private police misconduct attorney may have more time, resources, and experience to deal with a case that is both complex and delicate.

Types of police misconduct cases officers may face

Police misconduct can manifest itself in a variety of contexts, but some of the most frequent are:

    • Excessive force:

      Officers are usually expected to use a reasonable amount of force under the circumstances when they encounter a person who poses a threat or is in some way resisting or trying to evade arrest. Whether or not said degree of force was justified is often at the heart of many civil or criminal cases against police officers. To determine if it was reasonable and/or justified, expert opinions and legal analysis come into play. This is where having a knowledgeable police misconduct attorney can be of significant help if you are a police officer who is facing excessive use of force claims.

    • False arrests:

      Cases in which an arrest does not result in the suspect being charged can often lead to false arrest claims on the grounds of absence of reasonable suspicion or probable cause. Like in other misconduct cases, your police misconduct attorney may advise using the qualified immunity defense.

  • Sexual assault:

    Officers often find themselves in situations where they are alone with a suspect. These individuals who are detained or arrested may later accuse a police officer of sexual misconduct. Given the severity of this type of accusation, it can result in serious disciplinary and legal actions, so this is another case where seeking immediate legal counsel is advised.

What a California police misconduct attorney can do for you

Officers who step out of their legal bounds and violate the law can be held responsible for their actions in many ways ranging from disciplinary action to fines to imprisonment. If you are a police officer who is being accused of these types of actions, do not hesitate to seek the counsel of a police misconduct attorney.

As a law enforcement agent, there are some defenses unique to your position that you may use, such as the reasonableness standard and qualified immunity. A police misconduct attorney will discuss with you the best strategy of defense in your particular case.

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.

This content about Police Misconduct was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.