if you have been charged with a felony when should your lawyer report police misconduct

Next, let’s examine how a few states address the duty to self-report under their rules. The Washington State Bar Association says, “When a lawyer is convicted of a felony, the lawyer must report the conviction to disciplinary counsel within 30 days of the conviction as defined by this rule.” 16

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What can I do if I'm a victim of police misconduct?

May 17, 2016 · If you are contacted by the police and asked to “talk” to them about an ongoing investigation, you should politely explain that you need to check with your attorney first and immediately hire a felony attorney. If you have already been charged with an offense, you should also politely decline to talk to the police and assert your right to counsel.

What are the laws that address police misconduct?

Mar 26, 2008 · After a felony charge is filed, there will first be an arraignment where four things usually happen: The charge will be read to you, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and. The Court will set a date for a preliminary ...

What should I do if I'm charged with a felony?

Dec 18, 2019 · For a felony charge against you, you would normally be kept in jail until your arraignment. This should take place in the first 3 days after arrest and will be your first appearance in court. Depending on the exact circumstances, your attorney will advise you to make one of the following pleas; guilty, not guilty, or no contest.

How do I report a violation of the police misconduct statute?

Aug 19, 2017 · 3) Speak to an attorney ASAP. Once you finally get access to a phone, call a law firm which specializes in combating criminal felony charges. They will start by trying to get bail reduced or waived, the latter of which may be possible for nonviolent felony charges. If your family posts bail without a lawyer being involved first, they will ...

What happens when a charge is read to you?

The charge will be read to you, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and. The Court will set a date for a preliminary hearing.

What happens when you are arraigned in a circuit court?

Upon arraignment in Circuit Court, the following five things will usually happen: The charge will be read to you, You will enter a plea of not guilty, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and.

How long does it take to get bound over to the Circuit Court?

If the State is successful, you will be bound over to the Circuit Court for further arraignment within 40 days. The vast majority of cases get bound over to Circuit Court because of the minimal requirements that must be proven by the State.

Is it scary to be charged with a felony?

Being charged with the commission of a felony offense is a frightening experience. The fear of the ultimate outcome as well as the fear of the unknown can be debilitating. Therefore, it is very important for you to have a basic understanding of the procedure that will be used in the prosecution of your case.

What happens if you are convicted of a felony?

If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.

How to defend yourself against a felony charge?

The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case. It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime.

What is a felony charge?

A felony charge is a serious accusation with potentially life-changing consequences. If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case.

What is the difference between a misdemeanor and a felony?

Generally, a misdemeanor is punished by time in county jail, a fine or both. A felony carries more severe potential penalties, including a prison or county jail sentence . In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison if you are convicted of a felony.

How long does it take to get out of custody after arraignment?

If that were to happen, the accused would be released from custody within two or three days without having to post bail. Bail bondsman charge a 10% fee.

Why is it important to hire a criminal defense attorney?

It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime. The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.

How to avoid incriminating yourself?

The easiest way to avoid incriminating yourself is to remain silent. If you find yourself in custody, refuse to answer any questions and politely insist that you will not answer anything without a lawyer present. You do not need to act hostile toward the police in order to exercise your right to remain silent.

What are the types of law enforcement misconduct?

The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

What is the color of law?

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Under color of law" means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. What remedies are available under these laws? These are criminal statutes. Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

What is the DOJ document?

This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Federal laws that address police misconduct include both criminal and civil statutes.

What does DOJ do in a civil case?

In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency.

What is Section 504?

Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, ...

What is the OJP program?

Title VI of the Civil Rights Act of 1964 and the "OJP Program Statute". Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from DOJ. (42 U.S.C. § 2000d, et seq. and 34 U.S.C. § 10228).

What is the ADA?

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance ; it also protects people who are discriminated against because of their association with a person with a disability.

What to do if you are a victim of police misconduct?

Talk to a Lawyer. For victims of police misconduct, there are several options you can take. Consult a criminal defense attorney if you're a criminal defendant and believe the police illegally obtained the evidence against you.

What are the consequences of misconduct?

But the range of actions that constitute misconduct is much broader, including filing false reports, unlawfully destroying property, and misusing or stealing of seized property, money, or drugs.

What are some examples of police reform?

Federal and state lawmakers, county commissioners, and city councilmembers can enact changes to the law in an effort to deter police misconduct. Examples of police reform legislation include: 1 removing legal obstacles that prevent victims from bringing or prevailing in lawsuits against officers for misconduct 2 requiring training for police officers in de-escalation tactics, use-of-force policies, cultural sensitivity, and other techniques 3 mandating body camera use by officers, and 4 increasing, reallocating, or decreasing funding that goes to police departments.

What is a civil rights lawsuit?

Under the Civil Rights Act of 1871, a victim of police misconduct involving a violation of the person's civil rights can sue the offending officer and the department that employed the officer. Often referred to as a Section 1983 lawsuit (based on the statutory citation 42 U.S.C. § 1983), this civil action permits victims to seek money damages ...

What is the purpose of the Civil Rights Act of 1871?

§ 1983), this civil action permits victims to seek money damages for their injuries. The law is meant to deter police misconduct and encourage departments to provide robust training for officers.

Why is the exclusionary rule important?

The exclusionary rule provides an incentive for officers to act lawfully, so evidence can be used at trial to prove the person's guilt. The rule also encourages police departments to adequately train officers in constitutional rights.

What is the Fourth Amendment exclusionary rule?

When police illegally obtain evidence in violation of the Fourth Amendment, a criminal defendant who believes his or her constitutional rights have been violated may ask the court to exclude the evidence. Called the exclusionary rule, this relief prevents the use of illegally obtained evidence against a defendant in criminal court.