lawyer who defend against police actions

Full Answer

Can you defend yourself against a police officer who threatens you?

You have the right to defend yourself against physical attacks, but resisting arrest is a crime, so if a police officer threatens or bullies you, the place to defend yourself is in the courtroom, not with your fists. What do you do if a police officer threatens violence against you? Can you fight back?

What does a police brutality lawyer do?

Police brutality lawyers have the role of voicing your complaints, backing them with enough evidence and arguments to demonstrate that the thin line between normal police procedures and excessive use of force was crossed. They aim to protect Federal Law and the Fourth Amendment and to recover the prejudice caused by criminal police officers.

Why do defense attorneys attack the credibility of officers?

Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer. They know if they can raise a doubt about your credibility, it may cause a judge or jury to doubt the credibility of the entire case (remember Mark Fuhrman ?).

Why do defense attorneys ask police officers if they have training?

Defense attorneys will commonly ask an officer if he/she received training in the academy (or otherwise) on how to sound believable on the stand. The purpose is to suggest the officer is practiced at deceiving and appears credible because of special training in how to act, not because she’s testifying truthfully.

What is DPP law?

DPP law are specialist police complaints solicitors with more than three decade’s worth of experience in suing the police and standing up for individuals who have been in some way mistreated by law enforcement officials .

Can you hold police to account?

It is absolutely possible to hold the police to account if any of their police officers have behaved in a way that is unprofessional, unethical or illegal.

What to do if you are victimized by police?

Just because the police are an authority figure doesn’t mean they’re always right. If they victimized you, it is your right to pursue justice and compensation. The attorneys at Morgan & Morgan are here to help.

What are some examples of police brutality?

Examples include but are not limited to: Racial profiling. Assault. Intimidation. Threats of violence. Verbal abuse. Excessive or unnecessary force. Forced or coerced confessions.

Do police make you feel safe?

The police are supposed to make us feel safe and secure. Yet, far too often, incidents of police brutality leave people – especially minorities and other vulnerable groups – feeling just the opposite. The events in Minneapolis and other cities across the country following the death of George Floyd once again illustrate the alarming trend ...

What is the ground for police discipline?

One ground for police officer discipline is a conviction of a crime. For state employees, felonies and misdemeanor convictions involving moral turpitude count. 11. In terms of the LAPD, Section 805.25 of the LAPD’s Manual defines misconduct to include the commission of a criminal offense. 3.

Do police officers have due process rights?

Due process. Police officers also have rights in connection with disciplinary actions. Procedures differ from department to department, and within state and local agencies. But generally speaking, an officer has due process rights to a hearing and review on the matter.

What is police misconduct?

Police misconduct covers an array of behavior by law enforcement that is in contravention of the police sworn duty to protect the public and the rights of individuals in the exercise of their duties. Police who commit misconduct can be subject to criminal prosecution and civil litigation.

What is the presumption of immunity for police misconduct?

For a victim of police misconduct to overcome the presumption of immunity, the alleged misconduct must be extreme or beyond what is considered reasonably acceptable, in violation of personal or civil rights, and resulted in injury or damage to the victim.

What to do if a police officer antagonizes you?

If a police officer antagonizes you, the most important thing is to get out of the situation alive. If you get charged with resisting arrest or with any other offense, at least you will be alive to fight the charges. A criminal defense lawyer can help you clear your name if you have been unjustly arrested.

What happens if a police officer is tried for excessive violence?

If the officer is tried for using excessive violence (many instances of police brutality have not resulted in criminal charges), he or she usually argues that the defendant was resisting arrest, and then the officer gets acquitted.

How to prove self defense?

In most violent crime cases, everything from simple assault to murder, the jury must find the defendant not guilty if the defendant can convince them that he or she acted in self-defense. For the self-defense argument to work, you must establish the following facts: 1 The victim was physically attacking you, attempting to attack you physically, or making credible threats of violence against you. 2 Your fear that you were in imminent danger was credible. (If you are twice the victim’s size and the victim did not have a weapon, you will have a hard time proving reasonable fear.) 3 You used a reasonable level of force, only enough to deescalate the situation so you could avoid serious injury.

What does it mean when a jury finds a defendant not guilty?

In most violent crime cases, everything from simple assault to murder, the jury must find the defendant not guilty if the defend ant can convince them that he or she acted in self-defense. For the self-defense argument to work, you must establish the following facts:

What to do if you are arrested unjustly?

Even if you are arrested unjustly, the important thing is to stay alive; there will always be a chance to fight the charges. When it is your word against the officer’s about who attacked whom, contact an Atlanta obstruction of justice defense lawyer.

Does the right to self defense apply when the aggressor is a law enforcement officer?

Does the right to self-defense apply when the aggressor is a law-enforcement officer? The short answer is that, from a legal perspective, you should never use physical violence against a police officer, even if the officer is threatening or antagonizing you. Even if you are arrested unjustly, the important thing is to stay alive;

Can police use force against you if you are being attacked?

You have the right to defend yourself if you are being attacked, even if the person attacking you is a police officer. Despite this, resisting arrest is a crime, and police officers are allowed to use force against defendants who resist arrest.

Why do defense attorneys want to put you on trial?

Defense attorneys want to put you on trial so the jury will be distracted from who is actually on trial. They don’t want to spend time on the evidence. The evidence proves their clients are guilty. On days you are scheduled for court, put a Q-tip in your pocket.

Can a defense attorney falsify evidence?

There are rules that limit what a defense attorney can do – they can’t fals ify evidence or counsel a witness to lie, for example – but, they have no obligation to present the truth and I continuously see officers shocked when they learn this firsthand in court. Don’t blame defense attorneys.

Can a defense attorney attack an officer's credibility?

Putting Everyone on Trial Except the Defendant. Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer. They know if they can raise a doubt about your credibility, it may cause a judge or jury to doubt the credibility of the entire case (remember Mark Fuhrman ?). ...

Can defense attorneys make you feel defensive?

Your big power play is to understand defense attorneys can’t make you feel defensive – unless you let them. (Photo/Pixabay) “Defense counsel has no obligation to present the truth. If he can confuse a witness, even a truthful one, or make him appear unsure or indecisive, that will be his normal course.”.

What happens if you are a victim of police misconduct?

Depending on the nature of the complaint it will be investigated by either the Police Force itself or with varying levels of involvement by the Independent Police Complaints Commission (IPCC). Complaints may include treatment that was degrading, embarrassing or involved the use of unreasonable force. It could also include instances where you were treated unfairly, such as being kept in custody longer than necessary, or where you were arrested when you should not have been.

What is unlawful arrest?

Unlawful arrest (also known as wrongful arrest) Unnecessary or unreasonable time spent in custody (also known as false imprisonment) Unreasonable force by the police (including assault and the use of CS spray and Taser guns) Prosecution without good cause (also known as malicious prosecution)

Can you make a complaint and a claim for compensation?

If your objective is to receive a cash sum making a complaint is not suitable. In order to receive a financial award for the wrongdoing that you have suffered you will need to make a claim for compensation. Making a complaint and submitting a claim for compensation can be done at the same time.

Can a court look at a judicial review?

The court will only look at a judicial review claim if there were no other options available. Less serious incidents of police misconduct are also unlikely to be accepted by the court. Given the gravity of judicial review there are limited cases where it could be a potential route.