Police Misconduct Legal Questions

Once a convict always a convict. There is no means to stop law enforcement from keeping tabs on convicted felons. This would have to arise tosome really invasive or abusive conduct and then your friend would need to spend a good deal ofmoney on a civil rights lawyer to take them to task over the issues. ... Read More

False arrest and police misconduct cases are my speciality.   Often, results in a criminal case may foreclose the ability to sue civilly.   If you were injured in 2014, the fact that you did not have the surgery as of 4.5 years later, if it is that serious, presents some difficulties.   in addition, to a 4 year statute of limitations, there are other time limits in police misconduct cases which may apply.    ... Read More

There are simply too many disconnected facts to address this in a blurb. By example, it strains credibility that your dughter and her freind would saunter on down to the locl PD to "see if they are in trouble" and some how end up filing carges on you. That stated, absent spending a great deal of money on legal fees to investigate and address the issues you raise, you may want to consider simply moving out of the jurisidiction. ... Read More

I am very interested in discussing the details of this matter with you.  I am more interested in discussing what you are doing on the criminal defense side of this or what you have already done as it will have an effect on how to proceed in the future. If you would like to speak with an attonrey furhter about this matter, please contact me at 203.870.6700 so that we can talk.... Read More

If police entered  a residence without authority or exigency, it could be considered an invasion of privacy and a violation of your civil rights under the Fourth Amendment. A lot depends on whether it was a mistake or an intnetional violation. Police reports, dispatch records, and 911 records are among the items needed to be reviewed. Police dispatch recordings are destroyed after 30 days generally  so requests for them should be made promptly. Where are you located?... Read More

An officer needs reasonable suspicion to stop you and probable cause to arrest.  If there is no probbale cause and you are arrested a good attorney can get the charge dismissed.  Miranda rights are only necessary if you are under arrest and being questioned.  If the miranda warning is not given that does not invalidate the arrest it would invalidate any information learned in questioning.  ... Read More

This is simply a classic controversy between people calling 911 and seeking police intervention on family members and then later, when head clear, want to drop charges, only to find out that they dont want the results. You need to be VERY careful in this situation as this sounds more like you are trying to keep your one son from having to deal with criminal charges - and that may backfire badly as there is no question that a criminal batter occured, law enforcement showed up, and in theory BOTH sons could have been charged and may well be if this goes sideways. There is also a potential that you could be charged with obstruction or filing a false report by trying to retract what was claimed by law enforcement, who candidly have zero motive to have lied or exaggerated on the issue as they simply ould have charged BOTH with domestic violence/battery. To be clear - to law enforcement efforts to retact criminal charges after a domesitc event is so common that most locales make well known that if the victim sabotages the prosecution, THEY will catch charges, so people stop calling 911 and using law enforcement as DR. Phil. ... Read More

Not with the facts you provide and you know this. Knowing witnesses lie is not the same as proving it or the truth. Your best bet is to hire private investigators and gather evidence, if at all possible,  to present to the State to change thier mind. What describe sounds like a murder/suicide and as you know if they determine the perpetraror committed suicide after the murder, the investigation will not go far past that without lots of contrary evidence and motive. ... Read More

Starting point is - thats what happens when you refuse entry to law enforcement and they are forced to "barge in." Absent some video or evidence to contrary  - its fair to assume that she was resisting, 80lbs or not. When you are a criminal, petty theft or no, you're still a criminal so scrapping with the police is simply a bad idea and most people will have little sympathy over the issue in general. She can file an internal affairs complaint BUT it better be warranted as that goes over like a lead balloon if its a bogus claim against the cops  just trying to get out of a jam. ... Read More

Law enforcement officer's have various protections from libel, slander or defamation actions while carrying out their investigative duties and creating incident reports.  When a law enforcement officer makes statements to third parties outside of the realm of department procedures, questions of libel, slander and defamation may exist.  Law enforcement officers are barred by Federal Law from acting with their position of authority to violate a persons rights. Christopher P. Biering, Esquire www.bieringlaw.com... Read More

"apparently Id have to die or commit suicide for anyone to look into the situations" This is typically because people charged with criminal conduct get little sympathy from juries, suing the state is VERY expensive and your damages are small, and absent a video or some clear independent and credible evidence - criminals have been known to lie a time or to to work the system, including fabricating or exaggerating claims of police brutality to avoid prosecution. Just watch any episode of COPS in contrast to the BLM videos on the internet, If you make an IAD complaint and they find probable cause or the officer disciplined or fired, that might help a bit ......but still a hard case, especially if your criminal history is not so hot.... Read More

seriously? Have you nothing more important to worry about? Dim or out, you are required to maintrain the vehicle to comply with vehcice and traffic laws so either way they likely have PC to stop you. If you don't want the inconvenience of a traffic stop - you need to make sure your car safety equipment is in proper working order. ... Read More

Un yeah - that story has more holes than swiss cheese. First, you are NOT an innocent caller - YOU injectd yourself into the situation as a material witness when you dialed 911. Second, it is odd that you fail to reference the two "items" allegedly stolen from you. This is why you were asked to empty your pockets and even complied in the first place, UNLESS there are allegations that you did nore than just call 911 like claims you threatened the other person, etc,......Finally, your attriubuted response from the department is highly suspicious. You will simply have to spend some money to hire a lawyer to review this issue and address it accordingly. ... Read More