what lawyer do i need to sue and drop charges against cops

Full Answer

Can I sue the cops?

If you’re building a case to sue the police, speak to a civil rights activist right away. Suing the cops can be an arduous task because of the particular legal protections that apply to officers of the law.

How do I get charges dropped in a criminal case?

Tell the prosecutor you don't want to press charges. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case.

How do I drop charges in Texas without a lawyer?

Alternatively, you can fill out an affidavit of non-prosecution, which tells the court that you don’t think the prosecution should occur, then submit it at the district or county court house. For tips from our Legal reviewer on finding a low-cost or free lawyer to help walk you the process of dropping charges, read on.

Can a prosecutor drop charges for a domestic violence charge?

If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case. This is especially true of minor offenses. In most jurisdictions, domestic violence is a "no tolerance" offense: prosecutors will not drop charges, even at victim's request. 2

What is the most common form of police corruption?

bribesThe most common type of police corruption is the acceptance of bribes from those who deal in the vices of gambling, prostitution, illegal drinking, and the illegal use of drugs.

What is an example of malicious prosecution?

When a defendant admitted that he did not know who actually stole his property, that admission proved he had the plaintiff arrested for an improper motive, leading to a successful malicious prosecution claim.

Is pressing charges the same as suing?

When charges are pressed, the accused person may have to go to trial. Pressing charges is different than suing in civil court. When a person decides to take this action, he will not benefit monetarily as a result of the outcome of the case.

What amounts to malicious prosecution?

Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. In order to succeed the plaintiff must prove that there was a prosecution without any just and reasonable cause, initiated by malice and the case was decided in the plaintiff's favour.

How to file a complaint against a police officer?

If you sustained physical injuries or other damages, include medical and relevant reports in your complaint. Deliver a demand letter to the accused. After you compile evidence, draft up a demand letter and send it to the police department.

Why are lawyers unwilling to represent you?

However, lawyers may be unwilling to represent you because of the nature of the case and/or lack of evidence. File an internal complaint with the police department. If your grievance is against a police offer, file an internal complaint with their department. This might present a chance for the accused to be disciplined in accordance ...

What to do if you don't receive a favorable response?

If you don’t receive a favorable response, you can go ahead and file a suit in small claims court. You must submit all the required papers before scheduling a court date. Prepare for the trial. Since you won’t be able to hire an attorney, make sure you come to court prepared and ready to present your case.

What rights do you have if you are searched without a warrant?

If your property is searched without a warrant, you have the right to sue for the violation of your fourth amendment rights. The use of excessive force.

What is harassment in police?

This includes any form of intimidating or tormenting behavior, including racial profiling, verbal abuse, unlawful surveillance or spying, false arrest, and inappropriate sexist, homophobic or racial comments. In order to successfully file a harassment lawsuit, you must be able to show evidence of these behaviors by a police officer ...

Can you sue a police officer for excessive force?

The use of excessive force. You can sue a police officer or the department he or she is under if you have been a victim of unnecessary force. In other words, you will have to prove that the force was unwarranted and the injuries you sustained were directly caused by such force.

Can a police department win a small claims court?

Even though taking a police department to small claims court can be daunting, it is possible to win. Even with laws like qualified immunity shielding police from some accountability, suing and winning against a police department is not impossible.

James Donald Garrett

I don't know of any lawsuit for failing to make an arrest. You could hire a criminal lawyer who could interface with the police and find out what the problem is and put pressure on them if necessary to do their job. You nay also be misinterpreting what the police are telling you. More

David Ian Schoen

Are you holding something back from the police? Crime victims compensation form - Oregon Department of Justice: In the aftermath of a crime, the Oregon Crime Victim's Compensation Program works to ease the financial burden suffered by victims and their family members...

James Regan

Some evidence of the crime would typically be needed before an arrest is made. Try to locate any possible witnesses.

Christian K. Lassen II

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Michael R Crosner

You cannot sue the police department for not investigating a crime against you. Private citizens have no right to legally compel the police to investigate anything. However, if you could determine who it was that attacked you, you could sue them for the costs incurred as a result of your injuries. If the police won't tell you who that...

3. Suing the Police Lawyers: Police Harassment Lawsuit

Dec 10, 2020 — It is difficult to succeed in a lawsuit against the police, but not impossible. Law enforcement is not above the law, and a victim of police (7) …

4. Top NYC Police Brutality Lawyers and Civil Rights Attorneys

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has a national reputation for their expertise in the area of civil rights in (9) …

7. New Jersey Police Brutality Lawyer – Anthony J. Vecchio

Law enforcement officers have a very difficult job to do. FAQ: What is the 90-day time limit that applies if I want to sue the police? (21) …

8. Police Misconduct – Coxwell & Associates, PLLC

Police Misconduct – Jackson Personal Injury Lawyer. Police departments have attempted to safeguard against misconduct and corruption by implementing (24) …

9. Atlanta Police Misconduct Attorneys – Ross & Pines, LLC

However, there are some rouge police officers who abuse their authority. Police brutality occurs when a member of law enforcement goes beyond reasonable force (27) …

10. Police Misconduct & Brutality – Patterson Harkavy LLP

Our lawyers have pursued police misconduct cases across North Carolina, Lawsuits against police departments and other law enforcement agencies can be (29) …

What happens if you sue the police?

If you sue the police for misconduct and win, you may be awarded damages, or monetary compensation, as restitution for the violation of your civil rights and any physical or emotional injuries. The court may also require the police officers and police department involved to pay punitive damages, which is meant as punishment for the misconduct.

What is the law that prohibits people from sueing the police?

Typically, people sue the police under Section 1983 of the Civil Rights Act of 1871. This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution.

What are the legal protections for police?

Legal Protections for Both Citizens and Police. Federal and state laws protect citizens from abuse and other violations by government officials, such as police officers. Victims of abuse by police can sue the officers individually as well as the local governments that employ them. Typically, people sue the police under Section 1983 ...

What is the role of an attorney in a police investigation?

In addition, an attorney will usually conduct an independent investigation that involves interviewing witnesses, interviewing doctors who treated you for any injuries you sustained, and obtaining police experts to testify about appropriate police conduct, which will help solidify your case.

What happens if you are charged with a crime?

Also, if you have been charged with a crime as part of the incident; oftentimes, police will charge victims of their misconduct with a crime, such as resisting arrest or assault, in order to defend their behavior – it can impact your case tremendously.

What is police misconduct?

The police abuses and violations suffered by citizens that are most often litigated are known generally as police misconduct. These cases usually involve, but are not limited to, actions such as discrimination, harassment, false arrest, and excessive force. In order to sue the police for discrimination or harassment, ...

Why are police officers given protection?

Police are given this protection to enable them to perform their job effectively; the idea being that police have a difficult job, and if they had to constantly worry about lawsuits, then their ability to enforce the law would be inhibited.

What is the first time a lawyer speaks to a jury?

It is critical that you have an experienced attorney with you at this stage to help you select the jurors best-suited to hear your case. The trial begins with opening statements. This is the first time the lawyers speak to the jury. Typically, they lay out their evidence and explain the points they will try to make.

What is the process of jury selection?

In the jury selection process (also called the voir dire, or “speak the truth” in Latin), the attorneys question potential jurors to determine whether they will be able to observe the case fairly and impartially.

What was the amount of damages awarded to the victims of the riots?

The victims were awarded damages in excess of $7 million. ABNER LOUIMA – Excessive force, Violation of Civil Rights. Abner Louima was arrested coming out of a Brooklyn nightclub in 1997 and was forcibly sodomized in a New York jail by two NYPD officers.

What is the best way to persuade a prosecutor to drop charges?

Add new information to your report. You need convincing reasons to persuade a prosecutor to drop charges. This is usually comes in the form of new information, evidence, or witnesses. Note that you can't contradict your earlier statement when adding new information.

What to do if you don't want to press charges?

Tell the prosecutor you don't want to press charges. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case.

Why can't you drop charges?

As a victim or witness, you cannot drop charges because the government's attorneys decide whether to pursue a case or not. Though prosecutors have final say in the decision, you may be able to convince them they should drop a case. Steps.

What happens if charges are not dropped?

If the charges are not dropped, the defendant can negotiate a plea bargain with the prosecution. This can lead to fewer or less serious charges, or a less severe punishment.

How to get a copy of a police report?

Call the police station that filed your report to ask for a copy of it. Review the report carefully, paying attention to the section that describes what you told the police. If you notice anything inaccurate in the report, you can change your statement. Do not lie to get charges dropped.

Can you be fined for changing a police report?

Making changes to a police report doesn't guarantee that the prosecutor will drop the charges. If the case proceeds anyway, they may ask you to testify in court. If you don't show up and cooperate, you could be fined or arrested, even if you did not want to press charges. [4]

Can you file an affidavit with the district court?

In some states, you can just pay a fee to file your affidavit with the district or county court handling the case. In others, there is no official affidavit system, but you can send a copy of the statement directly to the prosecutor.