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Salt Lake City Police Misconduct Lawyers

Salt Lake criminal defense lawyer

Facing prosecution for crime and an arrest are incredibly stressful experiences. But when the arrest (or the incidents leading to the arrest) also involve police misconduct, stress, fears, and concerns can be rightfully intensified. Salt Lake City police misconduct lawyers deal with the ramifications of police misconduct all too often. However, there are laws to protect Salt Lake City, Utah residents against police misconduct. Victims of police misconduct often suffer a personal and financial toll for the defendant and his or her family, especially when injuries and even fatalities occur. Legal representation for police misconduct requires a lawyer who will speak up forcefully against abusive civil rights violations. Police officers are supposed to be trained to treat everyone fairly and equally. A police officer who engages in misconduct and ignores ethics and human rights must be held accountable for the losses he or she causes. The trauma of this abuse can have a lasting impact on the life of the victim and his or her family. There are laws explicitly designed to address these types of situation. A Salt Lake City police misconduct lawyer can help you navigate through the process.

If you or a family member was subjected to police misconduct, you should consult with an experienced criminal defense attorney today about the process of filing a lawsuit for police misconduct. Our goal is not only to rectify the police misconduct violations, but also to obtain compensation for the losses, including the costs of medical treatments as well as any property losses caused by the police misconduct. Attorney Darwin Overson has worked as a criminal defense attorney for decades, and his team will fight for your civil rights and legal compensation. To schedule your free legal consultation, call us at (801) 516-0464.

What to Do if You Were a Victim of Police Officer Misconduct in Utah

If you were a victim of police misconduct, there are certain actions you should take if you want to either file a lawsuit against the police or use this misconduct to strengthen a criminal defense case. First, you should gather as much evidence about the misconduct as you can find. If anyone witnessed the misconduct and is willing to help you, you should document their name, phone number, and any other relevant contact information. If the witness is willing to make a written statement and have it notarized, this will also help you.

If you have a recording of the interactions with law enforcement, this can also help you prove your case. Recording law enforcement in Utah is legal.

If you were injured in an encounter with law enforcement, you should seek medical attention immediately. Inform the hospital staff of how you received your injuries so that they can help you document your injuries. You should also take photographs of any injuries or any damage to your property that occurred during the encounter.

Additionally, there should be an incident report stemming from your encounter with law enforcement. You are entitled to request this report, and it should be a simple transaction. However, if the incident involved other people, it may take longer to recover the report due to privacy concerns. You should also file an open records request. This request will give you all public documents pertaining to your encounter with law enforcement.

You can also file a complaint with the internal affairs department for the police department. However, it is understandable to avoid filing this claim if you have already been mistreated or injured at the hands of law enforcement.

There are various federal civil rights laws that may allow you to file a claim against a police department. To prove your case, you must be able to provide enough evidence to support your claim and convince a jury that your rights were harmed.

How an Experienced Salt Lake City Police Misconduct  Lawyer Can Help

Police misconduct usually involves illegal, unethical, and inappropriate conduct of police officers in connection with their official duties. Police misconduct can lead to all sorts of miscarriages of justice. There are instances when the misconduct rises to the level of police brutality. Some cases can be complicated or hard to prove if the misconduct also involves discrimination and or illegal motives of segregation combined with crafty ways that obstruct or impede of justice. These strategies can be contested with skill and knowledge of the law.

Police misconduct is a pervasive problem in Utah. Recent reports have shown that Utah is a lenient state in disciplining police officers who engage in misconduct. This leniency gives police officers a license to continue employing these practices. The problem can be severe in some municipalities. Reportedly, recent audits showed that cops who take drugs, have sex on the job or commit domestic violence face less punishment in Utah than in other states.

Legal representation in police misconduct cases can be difficult because witness’s testimony and the possible trauma or fear regarding the police misconduct is likely to permeate through all aspects of the events at issue. For example, serious hurdles that arise in the evidence gathering process. However, decades of experience as a criminal defense attorney can be extremely helpful in understanding the nuances of evidence gathering in these cases. Skilled attorneys can have insights into Utah’s police record-keeping practices if there are previous complaints against the officers, or the municipality, or other instances of misconduct known in the locality. If you’re looking into your options, you should talk to an experienced criminal defense attorney in Salt Lake City who will be able to bring forward a solid police misconduct case.

Types of Police Misconduct Charges in Utah

there are several types of police misconduct that can lead to a lawsuit against the police department. Three of the most common police civil rights violation cases involve police brutality, illegal search and seizure, and unlawful arrest.

The Civil Rights Act of 1871 allows anyone injured to seek damages or financial recovery for losses against the person who has violated his or her federal rights while acting under “color of state law.” The legal term “color of state law” refers to the laws police officers are supposed to enforce. Some police misconduct can be patently illegal. The legal authority of a “police badge” cannot be used as a cover to engage in all sorts of abuses. Examples of unconstitutional police misconduct include:

  • Mishandling of evidence
  • Confiscation of drugs for the personal benefit
  • Theft of seized property
  • Illegal use of GPS tracking systems
  • Forging consent to search forms
  • Improper use of confidential drug informants, and commission of perjury

Illegal Search and Seizure

Unlawful search and seizure is another type of police misconduct. Illegal search and seizure occur when law enforcement conducts a search of a person’s home, property, or person without a valid reason. Depending on the circumstances, law enforcement typically needs probable cause to perform a search, and police typically need a warrant as well. If an officer does not adhere to these laws, then they have committed police misconduct.

Illegal Arrest

If you were a victim of an unlawful arrest, you might also have a cause of action against law enforcement. Not every violation of the law is an offense that requires law enforcement to arrest you. Under some circumstances, your actions should only warrant some time type of infraction. For example, if you are stopped for running a red light, you should only be issued a traffic ticket unless you committed a more serious offense too, like driving under the influence. If you are unlawfully arrested for a minor offense, arrested for an offense that you did not commit, or you are arrested without probable cause, you may be able to file a claim against the officers involved in the illegal arrest.

A civil lawsuit for police misconduct is centered on analyzing the ways in which police officers conducted themselves. The questions will be focused on whether there is a deprivation of constitutional rights—these violations can be physical abuses or forms of deception in securing charges or the arrest. If the issues involve police brutality, there will be questions on the distress suffered and other physical signs of violence. A skilled constitutional and criminal law attorney has a keen understanding of the ways in which police officers are supposed to carry their duties.

Victims of Unethical or Inappropriate Behavior by an Officer in Utah May Have Recourse

If you choose to file a civil suit, financial recovery can include compensation for economic injuries as well as money for punitive damages or punishment. These economic losses include the property damaged, costs of medical treatment, and wage losses due to police misconduct.

The non-economic losses can include the emotional injuries if there is a showing of actual distress inflicted upon the victim of police misconduct. In addition, these cases can be so egregious, and that “punishment” damages can be added in order to send a message that will lead to changes in practices. If you are involved in a criminal case stemming from your arrest, you can also use the evidence of police misconduct to strengthen your case.

All of these details should be shared with your criminal defense attorney

Call Our Attorneys if You Were the Victim of Police Misconduct During an Arrest in Utah

Attorney Darwin Overson is an accomplished litigator with significant experience in the legal representation of criminal law defenses dealing with deprivation of constitutional guarantees. Attorneys working at Overson Law are skilled police misconduct lawyers familiarized with the crafty schemes employed to obstruct justice and how to contest them successfully. You need someone who can help you explore options that can be pursued against police misconduct. Attorney Darwin Overson is known for his unwavering commitment to combat police misconduct and seeking accountability for unethical, illegal, and abusive practices of police officers. To schedule your free legal consultation, call us at (801) 516-0464.