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Police Misconduct

Police misconduct, such as abuse of their power, unreasonable use of excessive force, and entering a home without a warrant, violates the rights of individuals and exposes their department to lawsuits. Police are expected to follow the law and police department procedures to protect citizens and uphold constitutional rights.

Do You Have Grounds for a Police Misconduct Lawsuit?

Certain circumstances may not be misconduct. If you believe you are a victim of police misconduct you should immediately consult a Houston lawyer who handles police misconduct cases. The lawyer will review the facts of the event to determine if you have a valid case and then take appropriate legal action.

Are There Any Police Misconduct Lawyers Near Me In Houston, TX?

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 Houston.

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.

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.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

Points to Consider Before Hiring a Lawyer

Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.

Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.

Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

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