QUESTION
How do I defend myself against police brutality?
Asked on Sep 03rd, 2011 on Criminal Law - Arizona
More details to this question:
If you are in a holding cell, bleeding from the hands of the police, can you subpoena the tape from the holding cell? Also, aren't you supposed to get medical attention?
17 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, there may be a good case against the officers and the police department.
Answered on Jun 07th, 2013 at 12:38 AM
Gary Moore
Yes twice, You need to talk to a lawyer.
Answered on Jun 07th, 2013 at 12:38 AM
Jacob P. Sartz
I'd recommend retaining a civil rights attorney who has experience with police misconduct cases; preferably a lawyer with a federal bar license who has sued the state before. These types of cases often involve fairly serious injury claims for large amounts of money, are fact specific, and may drag on for years. Speaking generally, people in police custody who have been injured and who believe that the police may have used excessive force or violated their constitutional rights have a couple of different options. First, there is usually some type of administrative process a person could use to file a complaint against the individual officer or guard. There is usually some type of hearing involved and the particular office usually has someone on staff who handles internal investigations. Second, they could potentially file a lawsuit, depending on their facts, usually in the Federal courts if the conduct involved a state or county employee. The state has government immunity for certain types of civil actions and state law further limits tort claims, so finding an experienced attorney who handles these types of cases is very important.
Answered on Sep 08th, 2011 at 3:10 PM
Michael J. Breczinski
You want to talk to a civil rights attorney. Yes you should be able to subpoena the tapes and yes you are supposed to get medical attention, if necessary.
Answered on Sep 08th, 2011 at 3:09 PM
Yes you can subpoena the tape in the holding cell.If it is apparent that you have been injured the police are supposed to get you medical attention.They can however, require that you pay for that medical care.
Answered on Sep 08th, 2011 at 8:38 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes, the video would be helpful. It could be a civil rights claim, and the incident should be reviewed by an attorney who handles such matter.
Answered on Sep 07th, 2011 at 11:35 AM
In you are in custody and in need of medical attention, it should be provided to you. You may be able to get a copy of the tape through a FOIA request. If you believe you have been wronged, your should seek the help of an attorney.
Answered on Sep 07th, 2011 at 10:46 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can only issue subpoenas if there is an active case. You will need to speak with a civil attorney to see if there are any civil claims or civil rights claims that you can file. If you currently have a criminal attorney, speak to him about the situation to see if that is something he handles or if he can recommend somebody.
Answered on Sep 07th, 2011 at 10:37 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. You need to post this to a list that answers civil rights/police brutality questions.
Answered on Sep 07th, 2011 at 10:01 AM
Yes you can subpoena the tape if you need it in a current case. Yes the authories have to provide you with medical services if you need them. It is very difficult to prove any police brutally in any case.
Answered on Sep 07th, 2011 at 9:48 AM
Some departments have video in the cell areas but not all. You can request it. If you feel you were assaulted by the police you may be able to file a civil action in federal court.
Answered on Sep 07th, 2011 at 8:43 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If you believe that you were mistreated by police during your arrest and/or denied access to medical attention, you may have the basis for a civil suit against the officers who arrested you and the department. This is something that would need to be discussed with an attorney to go over the specific details of your case. If you are interested in seeking legal action in this matter, attorneys are generally willing to handle civil suits on a contingency basis which means that you do not have to pay them until you receive a settlement or judgment in your favor. If you would like to pursue this matter in greater detail, I invite you to contact my firm at the information on this page for a free case evaluation at the information on this page.
Answered on Sep 07th, 2011 at 8:43 AM
3 Awards
Yes, you need to google a civil rights civil attorney in your city to file a lawsuit against the police, officer and agency. You can not do this by yourself. Only a skilled trial attorney will know how to do this.
Answered on Sep 07th, 2011 at 8:15 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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If there are tapes they can be subpoenaed. Some departments have no video and some routinely destroy after 30 days or less. You may want to send a letter to police request the tape be preserved and a copy sent to you.
Answered on Sep 07th, 2011 at 6:42 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You really need to consult with an attorney in person so you can review the facts of your case. You have not given me enough info.
Answered on Sep 06th, 2011 at 3:54 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You can foil the police tapes. However, it sounds as though you have a civil rights / assault civil case against the police.
Answered on Sep 06th, 2011 at 3:47 PM
Criminal Defense Attorney serving Flagstaff, AZ
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Griffen & Stevens Law Firm, PLLC
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Yes and yes. You can get the tape; it is potentially obtainable through a public records request. Also, if you are charged with a criminal offense, it is usually the subject of disclosure. Lastly, yes you are entitled to medical attention under certain circumstances. If you believe you were a victim of a civil rights violation, you may want to look into a 42 U.S.C. section 1983 action.
Answered on Sep 06th, 2011 at 3:46 PM