How to Find an Attorney for Police Misconduct Cases

The police motto in the United States is “To protect and serve.” However, it can seem like this motto is nothing but words when a police officer engages in misconduct. Instead of protecting you, suddenly, the police are the cause of your pain. When that happens, you need an attorney for police misconduct to protect your rights.

Types of Cases That Police Misconduct Attorneys Handle

Should you contact a police misconduct lawyer? That depends on the circumstances of your claim. The following are the types of civil rights violations that police misconduct attorneys most often handle.

Excessive Force or Police Brutality

While police officers may have to use force to enforce the law, they are restricted to using the appropriate amount given the situation. For example, if you are unarmed and present no threat to anyone, while a police officer can physically restrain you, they are prohibited from using deadly force.

These use-of-force guidelines represent a significant part of the training that police receive, and no police officer is supposed to enter the field without showing mastery of these guidelines. If you believe the police used more force than appropriate, contact an attorney immediately.

False Arrest or Wrongful Imprisonment

Police also follow strict guidelines about when they can arrest someone and how long they can hold them after an arrest. A police officer can’t arrest you for trivial reasons or because they suspect you of a crime, even though they have no evidence.

Racial Profiling and Discrimination

Unfortunately, discrimination among police has been a problem for centuries. While not all police officers are biased, some will focus their attention on certain people because of their race or religion. Even if you committed a crime, you may be able to sue the police for racial profiling if they specifically investigated you because of your race.

Malicious Prosecution

A prosecutor is supposed to make decisions regarding who to prosecute purely based on the law. Unfortunately, this isn’t always the case. If a prosecutor dislikes someone, they may file charges against that person that they wouldn’t file against anyone else who did the same actions.

Malicious prosecution can be difficult to prove but is usually evident when a prosecutor repeatedly takes action against a single individual in contrast to how they act against others.

Key Qualities to Look for in an Attorney for Police Misconduct

If you have been a victim of police misconduct, you want the right lawyer to protect your civil rights. Defending civil rights can be challenging, especially when police are the defendants.

Sovereign immunity can protect many of the actions performed by government employees. With the odds stacked against you like this, you need an attorney who has:

• Decades of experience handling civil rights or police misconduct cases
• Strong negotiation skills
• Lots of experience in the courtroom
• Knowledge of all applicable state and federal laws (like section 1983)

A lawyer with the wrong credentials may harm your case more than they help.

How to Research and Evaluate Potential Police Misconduct Lawyers

Researching the right police misconduct attorney is a lot easier than it was before the internet existed. Today, you can easily go online and get access to information about potential lawyers.

When researching whether an attorney is the right one for your case, you typically want to look at testimonials and case results. Highly successful lawyers usually publicize that success, as long as they legally can.

Some case results may be confidential, but even in those cases, a lawyer should be able to share limited information about what happened.

If a lawyer isn’t willing to discuss the results of their previous cases, they probably weren’t very successful.

Questions to Ask During a Consultation With an Attorney for Police Misconduct

The most important question to ask during a consultation with a potential lawyer is whether they have ever handled a similar case and what results they achieved. While success in a previous case doesn’t ensure the lawyer will succeed in yours, it at least means they understand how to approach a case like yours.

Furthermore, even if the attorney has handled similar cases and lost, they might still be the right person for the job. The circumstances of the last case might have made it impossible to win, but the experience should be something the attorney learned from.

How a Lawyer Builds a Strong Police Misconduct Case

Civil rights attorneys build strong cases by gathering as much evidence as possible. This can be challenging in police misconduct cases because the police will often make it as difficult as legally possible for your lawyer to get the evidence they need.

An experienced lawyer will start gathering as much evidence as possible, using all legal options, as soon as they take your case. This is why you want to hire an attorney as quickly as possible after your rights are violated. The more time they have to pursue evidence in your case, the stronger case they can typically build.

With enough evidence, your lawyer should be able to negotiate a fair settlement or present a strong case at trial.

FAQ

What Should I Do If Falsely Arrested?

Say nothing to the police other than that you want a lawyer. Record everything that happens as best you can.

Is Police Misconduct a Crime?

It might be. But usually, it is just a violation of your civil rights.

Will My Police Misconduct Case Go to Court?

Probably not. Most cases are resolved with a negotiated settlement.

Contact Commonwealth Law Group Today

Your civil rights are not optional. The police take an oath to enforce those rights. When they violate that oath by infringing on your rights, you need the right lawyer to represent you.

The civil rights attorneys at Commonwealth Law Group have decades of experience protecting the rights of our clients. Contact our law firm immediately if you have been the victim of any type of police misconduct.