Top San Jose, CA Police Misconduct Lawyers Near You

Who Investigates Police Misconduct?

The investigating body generally depends on where or how your report the police misconduct. Police misconduct investigations may be conducted by local or state police departments, federal law enforcement agencies, internal affairs departments, local, state or federal civil rights divisions, state attorney general or governor’s office. The American Civil Liberties Union (ACLU) also assists with reporting and conducting investigations into police misconduct and brutality as well.

Are There Any Police Misconduct Lawyers Near Me In San Jose, CA?

Protecting your civil rights isn’t an easy process. Hiring an attorney with a history of success in police misconduct cases would put you in a much better position than risking it by going it alone. Finding an attorney to protect your rights and fight for you in court may be the best option for your case.  The LawInfo Directory can help you find verified police misconduct lawyers near San Jose. 

Can You Report Police Misconduct Anonymously?

While you may report or send tips of police misconduct anonymously, oftentimes your identity is necessary to move forward with these very serious allegations. Typically, the investigating agency requires evidence and witnesses in order to hold an officer accountable for internal complaints or to prosecute the offenses as criminal complaints. For civil complaints, a claim may only proceed anonymously or by pseudonym for instances where it is done to protect the person filing the claim.

How Do You Report Police Misconduct?

Generally, there are three ways of reporting police misconduct: internal complaints to the department, criminal complaints, or civil lawsuits. Internal complaints involve reporting the misconduct of an officer to the chief of their police department or head of their law enforcement agency. Some misconduct may constitute criminal conduct which you can report to a police department or law enforcement agency. Finally, filing a civil lawsuit against the officer who committed the misconduct or the department may be an option to recover monetary damages.

What Qualifies as Police Misconduct?

There are a number of illegal acts or forms of inappropriate conduct a police officer may take that constitutes misconduct, such as coercing a false confession, making a false arrest or falsely imprisoning a person, conducting an unlawful search, unlawfully seizing property, unlawful surveillance, falsifying, tampering, or stealing evidence, intimidation or tampering with a witness, or excessive force, among many other acts of misconduct.

How Does Police Misconduct Affect a Police Case?

Police misconduct can result in negative outcomes for a case or investigation. Misconduct in the form of fabricating or tampering with evidence may lead to a false arrest or conviction, as well as impeding an arrest from being made at all. Other times, it may hinder an investigation from being conducted in a reasonable time or manner. Evidence found through police misconduct may be deemed inadmissible during trial as well. Additionally, police misconduct can lead to a miscarriage of justice, or an error at trial which may lead to the conviction and punishment of an innocent person. Sometimes, police misconduct can be lethal when an officer kills someone without justification.