When does a serious police brutality case exist? Can I sue the Police?
Every lawyer may tell you a different answer to this question, but we focus our attention on what happened in the intial incident, was an arrest made, and if so what is the outcome of the criminal matter. Often times, our clients hire us to represent them both for the criminal matter and the police brutality matter to ensure continuity throughout the representation.
If a person is convicted of a crime in the criminal matter, we look at the conviction. If someone is charged with attempted murder, aggravated assault, simple assault, reckless endangerment, and possession of a small amount of marijuana, and are found not guilty of all charges, the person mostly likely can pursue a police brutality action. If the person is acquitted of all charges except the marijuana, then they can still have a police brutality action in state court. However, if they are convicted of attempted murder and aggravated assault, they most likely do not have a righteous police brutality matter.
We want to know what happened, what role did the potential plaintiff play in the incident? In other words, who should be held liable for the acts that occurred: the police officer, the city or town in which the incident occurred, or the potential plaintiff. We closely look to the acts of the parties involved and try to discern who is at fault.
Tags: attempted murder, criminal matter, lawyer, marijuana, plaintiff, police brutality case, police officer, reckless endangerment, simple assault
