what lawyer help when my constitutionial rights were violated by law enforcement

Full Answer

Are law enforcement officers trained to protect your constitutional rights?

The most common misconception in civil rights violations of criminal defendants is that law enforcement officials are trained and will protect your constitutional rights. Attorney Andrew Shubin has seen first-hand that this is not always the case.

Why hire a constitutional law attorney?

Since constitutional law is very complex and you have the burden to challenge the law, an experienced constitutional law attorney will carefully analyze the rights that may have been violated and decide the strength of your case. Ki received his undergraduate degree in Political Science from Santa Clara University.

What can you do if your civil rights are violated?

As an American citizen, you're entitled to a number of constitutional rights. But what can you do if your civil rights are violated? Depending on which rights have been violated and by whom, there are several different options for pursuing a civil rights lawsuit. Here are three potential ways to sue if your constitutional rights are violated:

How do constitutional rights apply in a criminal case?

However, in a criminal setting, the majority of constitutional rights of criminal defendants are derived from the Amendments to the Constitution. These apply in most criminal cases and can often form the basis of the defendant’s defense. Which Constitutional Rights Apply in a Criminal Case? What Happens if a Constitutional Right is Violated?

What can you do if your human rights are violated by the government?

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.

What is a violation of my constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

What federal agency investigates complaints of police violation of civil rights?

the Federal Bureau of Investigation (FBI)If you have a complaint of police brutality or the abuse of your rights by the police or other public officials, contact the nearest office of the Federal Bureau of Investigation (FBI), listed in the front of your telephone directory under police, or write to the Department of Justice at the address above.

What are the 5 civil rights?

Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to a public education, and the right to use public facilities.

Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

Who enforces constitutional rights?

The CongressThe Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. 82 Stat. 73, 18 U.S.C. § 245.

What is the most common type of police misconduct?

5 Common Forms of Police MisconductUnlawful search and seizures – The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. ... Excessive force – When police use unreasonable violence when making an arrest or investigating a crime, such action is considered excessive force.More items...•

Where do I report police misconduct?

In the Free State you can call 0800 535 554 toll free. In Gauteng you can call 0800 203 886 toll free....You can report corrupt activity to the Public Protector in various ways:Phone 0800 11 20 40, toll free.Fax to 012 362 3473.Complete the online form.Download a complaints form, fill it in and post it to.

What is a color of law violation?

Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the "color of law" authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law.

What are the 3 major civil rights acts?

SectionsAmendment/ActPublic Law/ U.S. CodeCivil Rights Act of 1964P.L. 88–352; 78 Stat. 241Voting Rights Act of 1965P.L. 89–110; 79 Stat. 437Civil Rights Act of 1968 (Fair Housing Act)P.L. 90–284; 82 Stat. 73Voting Rights Act Amendments of 1970P.L. 91–285; 84 Stat. 31416 more rows

Who protects our civil rights?

The Civil Rights Division of the U.S. Department of Justice is responsible for enforcing Federal statutes that prohibit discrimination on the basis of race, color, national origin, sex, disability, and religion.

What are my federal rights?

They guarantee rights such as religious freedom, freedom of the press, and trial by jury to all American citizens. First Amendment: Freedom of religion, freedom of speech and the press, the right to assemble, the right to petition government. Second Amendment: The right to form a militia and to keep and bear arms.