how to become a criminal lawyer get a police officer statement removed from the case

What happens if you admit to giving a statement to the police?

Mar 02, 2022 · A criminal defense lawyer can evaluate a condemnable case and the evidence and determine whether there are grounds to file a motion to dismiss. There may be grounds for dismissing charges that are not mentioned here. The lawyer besides can contact and try to convince the prosecutor to dismiss the charges or try to negotiate an agreement to ...

Should you hire a former police officer as a prosecutor?

Jul 22, 2021 · If you tell the police what happened, they might understand and not arrest you or go easier on you. If you did it, admitting it to police officers makes the prosecutor and court go easier on you. Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement ...

Can a lawyer use police intimidation to get a case dismissed?

Mistake in Criminal Complaint. When a law enforcement officer writes a criminal complaint or charging document, the officer must sign the document under oath, attesting to the truthfulness of the contents. State and local law direct what information a complaint or …

What does a police officer do in a case?

Dec 10, 2019 · Police officers serve a very important role in our communities. They protect and serve and help maintain order. But, when a police officer abuses their power and violates the Constitutional rights of those they come in contact with, they only widen the gap that exists between the community and its police officers.

What is the police officer required to tell investigators about an arrest?

Lying to Investigators. When police officers make an arrest, they’re required to tell the investigators that often take over the case all of the details and information they can . Lying to investigators about anything involving the arrest or the case is an example of police officer misconduct.

What is police misconduct?

Police misconduct is any action done by a police officer that is illegal, inappropriate, or against police policies. This is a broad concept that can range from using excessive force, performing illegal searches, selective law enforcement, racial profiling, and even sexual assault.

What is witness tampering in the police department?

Once the man realized his money was stolen, he reported it to the police department. Maldonado and four others tried to bribe the man to drop the charges and withdraw the complaint. This is considered witness tampering and is a serious example of police misconduct.

What happened to Anthony Maldonado?

Now former police officer Anthony Maldonado pulled over a vehicle in a routine traffic stop. During this stop, Maldonado noticed a large amount of cash in the car, so he stole it. This in itself is an act of police intimidation referred to as theft under the law. That’s not where the misconduct ends, though.

What is witness tampering?

Witness tampering is a type of misconduct where police officers attempt to change or alter witness testimony by bribes, threats, or other coercive measures. An example case of this occurred recently in Maui, Hawai’i.

How many shots did Yanez fire in Castile?

His girlfriend, and police body footage, corroborate this story. However, Yanez does not listen and fires 7 shots into the car, killing Castile. This is considered excessive use of force, especially considering that there was an unarmed person and child in the car when Yanez fired 7 shots at close range.

What is Eric Garner's case?

The Eric Garner case is another example of police brutality as a form of police misconduct. He was allegedly selling illegal cigarettes on the street of Staten Island. He wasn’t threatening or being violent towards the officers. The officers attempted to make an arrest and wrestled Garner to the ground.

What does it mean when a police officer refuses to give a statement?

Any annoyance a police officer has with you refusing to give a statement is just another form of pressure to get you to give a statement they know you do not have to give. Ever heard of “good cop, bad cop” … it is just another technique of getting information. If an officer is going to arrest you, nothing you say or do can change that.

Why do police arrest you without a statement?

Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out ...

What does a police officer do?

Officers collect evidence, write reports and support the charging prosecuting attorney in criminal prosecutions. Any promise a police officer makes is, at best, a good intention, or it is just another method a trained authority figure uses to induce you to give a statement, facts or evidence.

What is Robert Rhodes' background?

With a successful background in law, courtrooms, wrestling, rugby and jujitsu, Robert Rhodes’s nature is well-suited for argument and litigation. Mr. Rhodes knows how to talk clearly and directly to his clients, adversaries and to the Court. His common sense, straight talk and experience put his clients immediately at ease. Mr. Rhodes does not do anything half way and you will sense this when you meet him. Read more >>

Can you make statements before arrest?

Keep in mind that until you are arrested (when this happens, it is a grey area you should discuss with counsel), your statements are admissible without requiring standard Miranda warnings; so, any statements made before an arrest will be noted and put into a report, just as any statements given after a Miranda warning will be used unless you clearly assert your right to counsel or your right to remain silent and stop talking.

What happens if a police officer randomly stops a car?

If an officer randomly stops a person or a car or makes the stop because of the driver's race, the stop is illegal and violates the person's constitutional rights. (Read more about racial profiling and your rights when dealing with the police .)

Why can't a prosecutor dismiss a case?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness' testimony.

Why do you dismiss a case if a key witness is unavailable?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt.

What happens if you are arrested in a liquor store?

If the officer arrested a person hiding in a doorway near the liquor store without any physical description from a witness or other basis for concluding that the person committed the crime, the officer made the arrest without probable cause and the charges may be dismissed.

What is an improper criminal complaint?

an improper criminal complaint or charging document. an illegal stop or search. lack of evidence to prove the defendant committed the crime. an unavailable witness who is necessary to prove defendant committed the crime, and. loss of evidence necessary to prove defendant committed the crime.

What are the grounds for dismissal in a criminal case?

Some grounds for dismissal include: lack of probable cause to arrest. an improper criminal complaint or charging document. an illegal stop or search.

What happens if a court finds a search was illegal?

If the court finds that a stop or search was illegal and the evidence is inadmissible, the defense can request that the case be dismissed on the grounds that the prosecution has no evidence to prove the charges against the defendant.

What to do if you are charged with a crime?

If you or someone you know were charged with a crime in your city or had to pay a fine as a result of an officer writing a false report, you need to contact a police brutality lawyer who can help you report the act of misconduct. It can be rather overwhelming to find and retain an attorney, so rather than take on that burden, ...

What happens when a police officer abuses their power?

But, when a police officer abuses their power and violates the Constitutional rights of those they come in contact with, they only widen the gap that exists between the community and its police officers.

Why do police write false police reports?

Aside from making an arrest with little to no evidence, officers are sometimes guilty of writing false police reports to conceal their acts of misconduct or fabricating evidence just so they can take an innocent person to jail. If you were arrested or jailed because a police officer in your city wrote a false police report, ...

What are the most common types of Constitutional violations?

One of the most common types of Constitutional violations that police brutality lawyers and the Department of Justice ( DOJ) investigate stem from false arrests. When a person is arrested and there isn’t substantial evidence that gives an officer a reason to believe that individual is guilty of committing a crime, ...

Why are false reports against police officers important?

Police officers who write false reports could face disciplinary action and can even be criminally charged when the proper action is taken to combat their act of misconduct. Police officers serve a very important role in our communities. They protect and serve and help maintain order.

Can you sue a police officer for obstruction of justice?

Not only do you have the right to file a complaint with the DOJ which can then prosecute the officers who are guilty of obstruction of justice, but you can sue the police officer and/or their department for monetary relief.

Why do you get hearsay evidence thrown out?

Because a witness must have personal knowledge of an event he testifies to, you can often get hearsay evidence thrown out. A classic example of hearsay would be if someone testified that they heard something somebody had done, but didn’t see it. There are several exceptions to the hearsay rule.

How to challenge a confession?

You should challenge a confession as involuntary before trial. File a Motion to Suppress. Among the factors a court will consider are: threats, promises, physical coercion, the length of the interrogation, as well as the defendant’s health, age, and intelligence.

What does it mean when a defendant spray paints a house?

If a defendant always spray-painted a house after burglarizing it, then this evidence could be introduced to prove that the defendant committed the most recent burglary where the house was also spray-painted. This evidence is admitted to show identity, not a propensity to commit burglary. ...

What is the purpose of challenge a witness's competency?

Challenge a witness’s competency. A witness is only competent to testify about an event if he has personal knowledge of it. Object to any witness who begins testifying about an event without first establishing that he observed it.

What is the purpose of the Exclusionary Rule?

The government also wants to encourage police to adhere to the Constitution when gathering evidence. Under the “exclusionary rule,” courts will throw out evidence seized without a search warrant to induce compliance.

What does "move to strike" mean?

Move to strike evidence that lacks a proper foundation. A document cannot be entered into evidence unless someone lays a foundation for it. This means that the person offering the evidence must produce testimony sufficient to prove that the item is what the party claims it is.

What is the purpose of propensity evidence?

Propensity evidence may, however, be used to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident . A classic example is to prove “modus operandi”; that is, a criminal’s unique way of committing a crime.

What happens if an officer lied in a sworn affidavit?

Moreover, once a department disciplinary investigation results in an official finding that an officer lied in a sworn affidavit, that officer may be prohibited by prosecutors from ever testifying in future criminal cases. The officer’s name may also be added to the prosecutor’s “do not call for testimony” list. Even if an officer with a departmental finding of lack of candor in his/her personnel file is not terminated, the officer’s career as an effective police officer will be seriously curtailed.

Who were the two Boston police detectives who were sentenced to three years in prison?

For example, in a separate matter, Boston Police detectives Walter Robinson and Kenneth Ascerra entered guilty pleas in federal court in Boston in 1999 and were sentenced to three years in federal prison for their role in a scheme to steal money and property from drug dealers by means of phony search warrants.

What was the affidavit of the arrest of Luna?

Luna’s affidavit claimed he received information from an informant that illegal drug activity was occurring at that residence. Luna and other officers went to the residence to execute the warrant. During a forced entry, shots were fired from inside the residence and an officer was killed.

Why did Detective Luna submit a new affidavit?

Detective Luna submitted a new affidavit in an effort to obtain reinstatement of the charges against Lewin. Luna admitted to making substantial material misstatements in his search warrant affidavit including the facts that he attributed to his informant.

What did Detective Rayam say in the search warrant affidavit?

The BCSAO learned that a criminal defense attorney alleged that Detective Rayam made intentional or reckless false statements in a search warrant affidavit. Moreover, a local judge found that Rayam’s testimony was not credible and suppressed evidence gleaned from execution of the warrant.

How long was Momodu Gondo in jail?

Attorney’s Office for the District of Maryland on 2/12/19, a federal judge sentenced former Baltimore Police detective Momodu Gondo to 10 years in federal prison. Gondo was a member of the Baltimore Police Department (BPD) Gun Trace Task Force (GTTF). The news release reports that, “According ...

What did Gondo do?

The news release reports that, “According to his plea agreement, Gondo conspired to steal money, property, and narcotics by detaining victims, entering residences, conducting traffic stops, and swearing out false search warrant affidavits.”.

Law Enforcement Backgrounds

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Benefits

Challenges

Learning from Each Other

What Police Officers Can Learn from Prosecutors

What Prosecutors Can Learn from Police Officers

Conclusion