CIVIL RIGHT VIOLATIONS
Victim of excessive force or improper police conduct?
Jessica J. Travis can help.
Civil Rights violations can occur as a result of:
- Police brutality: Excessive physical force and unjustified taser use or shooting.
- False Arrest: Officer lacked probable cause (51%) to believe the arrestee committed a crime.
- Malicious Prosecution: Police and prosecutor lack probable cause but maliciously pursue prosecution. The person prosecuted must not have been convicted at the end of the criminal case.
- Failure to Intervene: Officers observe but fail to stop a crime.
Civil Rights cases are not easy to win. The most successful cases are those where the police act completely without justification, inflict serious injury or the police conduct is captured on camera.
The following are likely not sufficient for a civil rights violation case unless they are accompanied by more serious conduct:
- Rudeness, cussing or name calling.
- Detention while investigating a crime.
- Failure to read Miranda warning.
- Failure to tell the arrestee the reason she is being arrested.
- Arrest justified by probable cause or warrant.
- Serving an arrest or search warrant in the middle of the night.
- Minor property damage.
- Disarray caused by police search of vehicle or residence.
- Failure to let the arrestee get her purse, put on certain clothes, make a call, talk to other people, get a drink, go to bathroom, etc.
- Failure to interview witnesses or collect evidence.
- Minor bruising resulting from apprehension or struggle with the arrestee.
- Use of force (taser use or shooting) in response to imminent threat or physical force.
While the above factors may not be insufficient to file a civil rights violation case, they are relevant to any criminal case. Tell a criminal defense attorney.
If you’ve been the victim of a civil rights violation, help is just a call away – The Travis Law Firm, PLLC: 321-728-7280.
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