Can You Be Compensated For The Police Misconduct That Happened To You? A Discussion You Should Have With New York Criminal False Arrest Lawyers and Police Brutality Attorney.
Many people in New York City have been the victim of police misconduct. Some people have been falsely arrested whereby their case ends up being dismissed or a prosecutor declines prosecution after the cops make an arrest. There are people in New York that have also been the victim of police brutality, assaulted by the police whether or not they were arrested lawfully or falsely. If you have been falsely arrested or assaulted by the police you should contact a New York false arrest attorney or NYC police brutality injury lawyer.
The question becomes that of what are your options if you are the victim of police misconduct. New York false arrest lawyers and police brutality attorneys will tell you that you can always file a complaint in New York City with the Civilian Complaint Review Board (CCRB) and possibly Internal Affairs Bureau for the NYPD. But you could also be compensated for your damages by having a NY injury lawyer file a civil suit against the NYPD and the city of New York. Aaron Wallenstein is a New York police brutality lawyer and false arrest attorney that could help you get compensated foe your damages at the hands of the NYPD for their misconduct.
How do you know if you should retain a New York personal injury lawyer to fight for your just compensation? Well, if you have been arrested and your case has been dismissed, or declined prosecution by the district attorney’s office the first thing you would want to know is, did probable cause exist to arrest you in the first place? Did you spend some time in Jail, and how much time? Was their any other errors made by the city of New York that led to you being arrested falsely? An Analysis to the answers of these questions needs to be discussed with New York criminal and NYC false arrests lawyers to see if you have a case to file a civil lawsuit in NYC.
What about retaining personal injury lawyers in NY for being assaulted by police? You need to discuss with your New York police brutality lawyer the conduct by the police and the extent of your injuries. Their should be no reason for police to assault you in any way. Many times members of the NYPD will arrest you and try to pass off the reason as to why they brutalized you because you resisted arrest. If your injuries are more significant than mere cuts and bruises than you probably want to contact a New York criminal false arrest lawyer and police brutality attorney so you can be properly compensated.
Police misconduct laws are in place in all states and United States territories. In addition to the state and territorial laws, the United States Department of Justice vigorously investigates such cases. The United States Department of Justice defines police misconduct as the violation of a person’s constitutional rights. Charges of police misconduct may involve the use of excessive force, theft, false arrest, sexual misconduct and deliberate indifference to the medical needs of a person in custody. If you find yourself facing charges of police misconduct, it is important to select a criminal defense attorney to represent you. A criminal defense attorney aims to inform you of your rights, helps you understand the charges and formulates a strategy for your defense.
Federal Police Misconduct Laws
The United States Department of Justice may file charges for police misconduct through a federal United States attorney’s office. These cases may also involve prosecution for obstruction of justice. Federal law provides a requirement that the government must have proof that a potential defendant committed a federal crime. The federal laws and procedures for the United States attorneys also require that the government has enough evidence to go beyond a reasonable doubt if a case were to go to trial.
State Laws Around Police Misconduct
Each state has its own laws about police misconduct. In the state of California, the Civil Rights Enforcement Section and the Office of the Attorney General handle police misconduct investigations and prosecutions if the local reviews have been exhausted. The state is also known to have some of the toughest privacy laws for safeguarding the information of police officers who have been investigated for police misconduct.
The use of excessive force is a leading type of police misconduct charge. In the state of New Jersey, there is no specific law about how much force an officer can use in order to subdue a suspect. The state’s guidelines recommend that officers use the least amount of necessary force in order to protect the public and themselves.
In the state of Michigan, plaintiffs who feel that they have been a victim of false arrest or other types of police misconduct on a civil matter must go to the Michigan Department of Civil Rights, and those with a criminal matter have the case processed through the court system.
The state of Ohio has had many police misconduct cases make their way to the state’s Supreme Court. In a finding related to excessive force and police brutality, the court’s opinion was that the police did not have justified cause to fire at a suspect if the suspect did not present a serious threat to the public or to themselves. The only reasonable time to fire at a suspect is when there is a clear safety threat.
When you find yourself facing police misconduct charges, seeking legal counsel with an experienced criminal defense attorney is critical. A criminal defense attorney represents you in and out of court. A line of defense is developed if your case proceeds through the court system. The attorney answers your questions and ensures that you understand every part of the legal processes associated with your case.