Police officers are trusted to serve and protect our communities. However, as with any job, some officers can fall into improper procedures. While we hope that they handle matters appropriately, it is important to have your case reviewed by a New Jersey police misconduct attorney to ensure that your constitutional rights have not been violated.
What Does Police Misconduct Look Like?
Identifying legitimate police misconduct can be tricky. Just because a police officer spoke to you harshly, caused you physical discomfort while placing you under arrest, or did something you didn’t agree with, doesn’t mean misconduct occurred in and of itself. It must involve an abuse of power.
Some incidents that constitute police misconduct include the following:
- Excessive Force. Police are lawfully permitted to use reasonable force in order to subdue unwilling persons. What is considered reasonable varies by situation. Unfortunately, sometimes officers use more force than reasonable or necessary, thereby violating a citizen’s civil rights.
- Failure to Intervene. If an officer does in fact use excessive force, and another officer fails to uphold his or her responsibility to protect the suspect from the abuse of power, that also constitutes misconduct.
- False Arrest. The police need reasonable cause in order to make an arrest. If an arrest is made without reasonable cause, there is a violation of the fourth amendment. This type of finding will likely lead to a dismissal of the charges.
- Unlawful Profiling. Conducting a stop of an individual solely based race, religion, sex, etc. is unconstitutional. While this happens frequently, it is often hard to prove.
If your constitutional rights were violated due to police misconduct, the tainted evidence could be precluded from introduction at trial, or your charges may be dismissed altogether. In some instances, you may be able to sue the officer and the police department for their actions.
The New Jersey Police Misconduct Attorney You Can Depend On!
It is necessary to consult with an experienced police misconduct attorney in New Jersey if you believe that police misconduct occurred during your arrest. Mark Catanzaro has nearly 30 years of experience in defending his clients of criminal charges of all types. If police misconduct is suspected, he will review your case file thoroughly in order to construct a solid defense.
With office locations in Mt. Holly and Trenton, this New Jersey police misconduct attorney is ready to take on your case and fight for your constitutional rights. If you or a loved one may have been victim to police misconduct during an arrest, contact the Offices of Mark Catanzaro immediately to schedule your free consultation.