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Police Misconduct Lawyers Near You

David Brauns avatar
My firm is a modern law practice built to take on large corporations and insurance companies who refuse to acknowledge their wrongful acts. I began my career de...
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My firm is a modern law practice built to take on large corporations and insurance companies who refuse to acknowledge their wrongful acts. I began my career de...
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Brody McBride avatar
Brody McBride is an experienced civil rights attorney who fights for people who have been injured or killed by police. He handles the most serious civil rights ...
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Brody McBride is an experienced civil rights attorney who fights for people who have been injured or killed by police. He handles the most serious civil rights ...
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Daniel E. Smyth avatar
I am an attorney who represents injured people in all types of accident cases. My partners and I are committed to getting compensation for our clients while ke...
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I am an attorney who represents injured people in all types of accident cases. My partners and I are committed to getting compensation for our clients while ke...
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Brandon Finz avatar
Brandon S. Finz has always had a strong desire to help those in need. Learning firsthand from the example set by his father, Stuart L. Finz, the Senior Trial At...
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Brandon S. Finz has always had a strong desire to help those in need. Learning firsthand from the example set by his father, Stuart L. Finz, the Senior Trial At...
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It is the duty of police officers to protect civilians from crime and injustice. Of course, officers themselves can violate the law. When police behave violently or even just harass civilians whether they intend to cause excessive harm or death, they have committed a crime, and these crimes can also be civil rights violations.

What Is a Police Misconduct Lawyer?

State and local laws protect victims of police misconduct and police brutality. In addition, the Fourth Amendment of the United States Constitution prohibits law enforcement authorities from using excessive force in searching and seizing properties. Oftentimes, when state and local authorities do not file charges against an officer, or even if they do, the police misconduct lawyer can file civil rights charges, or even as a last resort, the Attorney General of the United States can file civil rights cases against these officers. These civil rights include discrimination based on race, gender, ethnicity, sexual orientation, or disability and the civil court handles these charges. 

Those who the authorities detain beyond the scope of “reasonable force” or were violent during an arrest or property search have a right to seek legal assistance from the best police misconduct lawyer near you. These civil rights attorneys are experts in their field and can help you bring your case to justice.

What Does a Police Misconduct Attorney Do?

Lawyers who specialize in police misconduct can defend your rights and claim compensation for police brutality. The police may use force if you resist, so it can be tricky to prove they mistreated you. It is helpful to have someone who understands the system and how to avoid any loopholes on your side since you will be defending yourself against an officer who is already familiar with the law.

To prove excessive use of force, police brutality lawyers should support your complaints with sufficient evidence and arguments in municipal or superior court. The lawyers may also claim violation of civil rights in a separate trial and seek to prove the police officers breached some part of the Fourth Amendment and present you with your legal options for compensation.

When to Hire a Police Misconduct Lawyer

Regardless of the circumstances, police brutality is a form of civil rights violation that can have long-term traumatic consequences. It is unpleasant enough to find yourself in a situation requiring the police to intervene, but suffering police brutality can undermine your faith in a system that is supposed to protect you.

Most people pay attention to cases involving excessive force. As a result of their egregious nature, they usually result in severe injuries or even death. According to this subjective standard, defining what is “excessive” is based on facts and circumstances. In the case of excessive force, it does not matter what the officer’s intent was. However, if the officer had good intentions yet was found to have used excessive force, the case will proceed.

With the aid of experienced police misconduct attorneys near you, victims can seek legal representation for some of the following types of police misconduct:

  • Attacking an inmate
  • Assault
  • Battery
  • Discrimination
  • Falsification of evidence
  • False arrest
  • Harassment (verbal, physical, or sexual in nature)
  • Intimidation
  • Illegal search and seizure
  • Rape
  • Racial profiling
  • Shooting an unarmed suspect
  • Tampering with a crime scene
  • Unethical use of firearms (including tasers and guns)
  • Wrongful imprisonment
  • Wrongful death

How Do I Choose a Police Misconduct Attorney?

If you ever believe the police violated your civil rights, you should gather the most evidence possible:

  1. Do it as soon as possible after the incident. 
  2. Make sure you identify witnesses and obtain their reports.
  3. If you have physical or psychological injuries or trauma, visit the doctor, and ask for a full report on your condition.
  4. You should write down all the details that you can recall and review them ahead of time.
  5. You should contact police brutality lawyers as soon as possible, regardless of your success in gathering evidence. 
    1. Provide as much detail as you can. 
    2. Answer all their questions honestly.
    3. Look for a lawyer for police misconduct near you who has experience with similar cases.

What Are the Police Misconduct Lawyer Average Costs?

If you choose to hire a law firm to represent you, the fees will vary. A lot of lawyers work on a contingency fee basis. Legal fees are not charged unless you win your case.

Do Police Misconduct Attorneys Usually Charge for Consultations?

Many law firms offer free consultations. If at all possible, schedule a face-to-face meeting. 

Before hiring an attorney, make sure you get a written breakdown of all charges and fees. You may have to pay your lawyer a percentage of the money damages you receive. If you lose your case, the lawyer does not get paid.

Frequently Asked Questions

What is police misconduct?

Misconduct is when officers of the law act beyond the scope of their authority. Generally, this equates to the use of excessive force, otherwise known as any action taken by an officer that is deemed unreasonable. In addition to racial slurs and sexual harassment, unreasonable force can include acts of physical harm inflicted on an individual without their consent.

Who investigates police misconduct?

The internal affairs of the department investigate police misconduct complaints. To avoid conflicts or appearances of cover-up, an outside police agency will investigate the matter in some cases. These departments investigate these claims according to strict rules.

In addition, hiring an experienced personal injury lawyer for police misconduct is wise. Sometimes, it is more important to many police agencies to protect their reputations than to tell victims and the public the truth.

Likewise, cities and other entities want to avoid lawsuits so their investigations can be biased against abuse victims.

When can you sue a police officer?

When a police officer assaults, beats, or abuses a person, rather than using reasonable restraint, the victim of police brutality can sue both the officer and the department. Settlements in such cases can be significant.

The use of excessive force during an arrest, an investigation stop, or any other seizure can put a police officer in the hot seat.

In addition to not preventing another officer from using excessive force, a police officer may also be liable under a civil lawsuit. In the event an officer steps outside legal bounds and violates the law, they may be held liable in a number of ways, including disciplinary action, fines, or imprisonment. 

A police officer accused of this kind of misconduct can hire a lawyer to defend against these charges. A police officer accused of these types of actions can also consult an attorney who specializes in police misconduct.

Law enforcement agents have special defenses they can use, such as the reasonableness standard or qualified immunity. However, an officer accused of police misconduct can go to an attorney who can help develop the best defense strategy.