Police Misconduct

State and federal laws protect the rights of people who are abused, brutalized, or improperly arrested by the police. Civil cases for monetary damages against the police department and its members can be brought under state law for false arrest, assault and battery, and malicious prosecution, and under federal law for violations of civil rights under the United States Constitution. If you’re the victim of an unjust arrest, a bogus warrant, or physical assault by the police, you must act to protect your rights and ensure that you receive proper treatment for your physical and psychological injuries.

Cases against the police department involve special areas of law and are defended aggressively by City lawyers. For these reasons, the success of your case depends on your choice of legal representation. To get vindication of your rights and full compensation on your claims, you need attorneys by your side that are knowledgeable about civil rights law, assault and battery claims, and police practices. At Blitz Law Group, we have significant experience litigating and trying police misconduct cases.

If you’ve been assaulted, brutalized, falsely arrested, or imprisoned by the police, please call us immediately. You have a limited time to file a claim and your choice about whether or not to take a plea or an “ACD” can substantially affect your ability to bring a lawsuit. Before any time passes, contact us to learn what rights you have under state and federal law.

Police Misconduct: When You Need an Attorney

When a person is wrongfully treated by police officers, it can be an incredibly traumatic experience leading to the need for a New York, NY police misconduct attorney to represent you. Unfortunately, police misconduct is an all too common occurrence, and when it happens, the person affected may need legal representation in order to seek justice. If you or someone you know has been the victim of police misconduct, it’s important to get help from a qualified attorney who can work to protect your rights and pursue your case; contact one today at Blitz Law Group, LLP for help.

Excessive Force

Excessive force is one of the most common examples of police misconduct. It occurs when a police officer uses unreasonable and unnecessary physical force against a person or property. Excessive force can involve beatings, pepper spray, tasers, chokeholds, and other forms of physical force. While it is understandable that officers may sometimes need to use force to protect themselves or the public, excessive force is never acceptable. In order to determine if an officer’s use of force was excessive, courts will consider factors such as the severity of the crime, whether the suspect was resisting arrest, and whether the suspect posed an immediate threat. If a police officer is found to have used excessive force, he or she may be liable for civil or criminal penalties.

False Arrest

False arrest is an act of restraint on a person’s freedom of movement without legal justification. This can include being detained against one’s will, wrongfully being held in jail, or being forced to comply with certain laws or regulations. It’s a form of police misconduct that violates a person’s Fourth Amendment rights.  In the United States, any arrest must be supported by probable cause. If a person is arrested without probable cause, it’s likely the arrest was false. The person arrested must be released from custody and have their charges dropped.

Fabricating Evidence

Fabricating evidence occurs when officers falsify evidence or plant it in order to incriminate a suspect. This can include planting drugs or weapons on someone or creating false reports or witness statements. It is an egregious violation of a suspect’s rights and should be taken seriously. If you believe that you have been a victim of fabricating evidence, contact a New York police misconduct attorney right away. You may be entitled to compensation for your experience and can take action to hold the responsible officers accountable.

Malicious Prosecution

Malicious prosecution is a type of police misconduct that occurs when a police officer or other law enforcement official initiates a baseless criminal case against someone. This is done in order to wrongfully charge the individual with a crime, even though there is no evidence of any wrongdoing. It is illegal for law enforcement officials to willfully abuse their power to target innocent people.

Wrongful Death

Wrongful death is the legal term for when an individual dies due to the negligence or wrongful act of another. In most cases, this includes police misconduct and can be grounds for a civil lawsuit. When an officer uses excessive force, disregards an individual’s rights, or engages in other forms of misconduct, it can result in a wrongful death. The family of the deceased can then sue the officer and/or the department responsible for the death.

If you have been subject to mistreatment by the police, contact a New York police misconduct attorney at Blitz Law Group, LLP for help.