What Police Misconduct Attorneys Do

The police are tasked with enforcing laws but are also expected to do so without abusing their powers. Abuse of power by the can lead to criminal or civil liability, and this applies when the police officer is on or off duty. This is where a police misconduct attorney comes in.

How a police misconduct attorney can help

If you experience civil or criminal police misconduct, a Police Misconduct Attorney in Sacramento can help you get justice. In a civil case, the lawyer can help you file a civil lawsuit, and you will be entitled to damages in court if you win. A good example of civil police misconduct is when a policeman sets up a person to be arrested. It could be by planting drugs on their property and then arresting them for being in possession of any illegal substance.

On the other hand, criminal police misconduct covers a wide range of abuse, including extortion, sexual assault, or arresting a person falsely. In a civil case, you can be awarded damages after filing your civil complaints in court, but this is not the same in a criminal case; however, you can act as a witness to the criminal case.

The process

Working with the police misconduct attorney is important. The attorney would advise you to start by filing a complaint with the police department where the officer is employed next. You would also be required to report to the Department of Justice. During this process, your lawyer will file a suit in court, and the defendants in the suit will be the police department, along with the officer who abused you.

Having a good lawyer is important because you bear the burden of proving your case, which could be complex to handle by yourself.

The lawyer will collect all the necessary information and documentation and interview witnesses to help prove your case. When the case is proven, the court awards damages, depending on the effect of the misconduct. For example, if your property was damaged, the court will order the police department to pay compensatory damages to cover the cost of that property. If you were injured, you are also awarded damages to cover your medical care and any loss of earnings from not being able to work during the period.

You are also entitled to aggravated damages if the conduct of the police officer embarrassed or humiliated you. In other cases, the courts may order the police department to pay exemplary damages. These damages are meant to be a deterrent to prevent other officers from engaging in such unconstitutional abuse of power.

How to ensure that you win your case

If the police accost you, do not try to attack the police verbally or physically. Cooperate with them and do whatever they ask you to do. All police officers are required to wear body cameras, and this footage is often used in court to determine if the police action was within the legal limits.

If the police violate your rights or victimize you, you have a right to seek redress in court, so speak to a lawyer as soon as you can.