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What Happens If You Are Arrested In California And Have An Allegation Of Police Brutality?

  • By: Donald J. Matson, Esq.
  • Published: November 12, 2017
What Happens If You Are Arrested In California And Have An Allegation Of Police Brutality?

Police Brutality Allegations In California

It might go by like a blur- suddenly, you’re being handcuffed and shipping off to the police station. You’re not sure how things escalated or why you’re being charged, but you know things just got quite serious. This is a common occurrence for someone who has been arrested.

Respecting Your Rights

Even when you are being accused of committing a crime, it is important for the police to respect your rights. When the police overstep the bounds of the law and violate your constitutional rights or engage in unnecessary physical violence, you may be eligible to pursue a claim of police brutality or police misconduct. Officers’ actions are typically protected from liability under a general doctrine of governmental immunity, which means that the government cannot be sued unless they give permission to do so.

Police Misconduct

It can be an unsettling and distressing experience to be stopped and questioned by police, but as long as the officer was performing his job properly and did not violate your constitutional rights, they cannot be sued. However, there are various state and federal laws that can allow victims of police misconduct to bring this information up in terms of their criminal defense as well as to pursue their own claims of legal action and recover monetary damages. The U.S. code section 1983 is the primary legal basis for police misconduct claims.

Being prepared with evidence is extremely important when bringing a police misconduct claim. Your lawyer can help you to put together the materials you’ll need to bring this up in your case.

The most common state claims brought against police officers have to do with false imprisonment, malicious prosecution, use of unreasonable or excessive force and false arrest. It is critical that you have a criminal defense attorney who is experienced in this area of the law, when you have a claim of police misconduct or brutality. It can be extremely important how you present this information to the court and how it is used in terms of your criminal defense. You, therefore, need a lawyer who has extensive experience in this field, who is committed to doing everything possible to protect your best interests. Do not hesitate to reach out to an experienced criminal defense lawyer immediately.

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