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How Does an Attorney Help with Police Misconduct Claims in New Jersey?

If you’re facing criminal charges or have had a recent negative encounter with the police that involved misconduct, telling your lawyer right away is crucial so that misconduct stops and your rights are protected.

Your lawyer can file motions to suppress evidence obtained via police misconduct, such as a coerced confession or an illegal search. Your lawyer can also identify police misconduct and stop it from happening by being by your side through all interrogations and interactions with law enforcement. If the prosecution’s strongest evidence is suppressed, the charges against you might be dropped or reduced. Police misconduct gives you reason to file a civil lawsuit and seek damages, but keep in mind that this process would be totally separate from the criminal case our lawyers handle.

Get your free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956 today.

How Can an Attorney Identify and Help with Police Misconduct?

Police misconduct can be tricky to identify and even trickier to address, which is why having a lawyer who can recognize your mistreatment from law enforcement officers is very important when facing criminal charges.

Reviewing Your Interactions with the Police

If you don’t have an attorney while navigating the criminal justice system in New Jersey, you may be less likely to recognize instances of police misconduct. Using excessive force during arrests or custodial interrogations, performing warrantless searches, detaining individuals without probable cause, coercing false confessions, and failing to inform you of your Miranda rights during a custodial interrogation are all examples of police misconduct. Other instances of misconduct are less obvious, and speaking with a knowledgeable attorney about your experiences can help reveal them.

Filing Motions to Suppress Evidence

Our criminal defense attorneys can file motions to suppress evidence obtained through police misconduct. Fourth-, Fifth-, and Sixth-Amendment violations are common grounds for suppressing evidence. Violations include unlawful searches and seizures, coerced confessions or statements given without Miranda warnings, and evidence obtained after an individual requests an attorney.

When we file a motion to suppress, it’s the prosecution’s burden to prove that the evidence was legally obtained and not a result of police misconduct.

Gathering Evidence of Police Misconduct

Body-worn camera footage showing use of excessive force during an arrest, medical records detailing your injuries from physical abuse while in custody, testimony from eyewitnesses present during instances of police misconduct, and police officers’ records of past complaints and disciplinary actions are all strong evidence of police misconduct.

Filing Complaints & Claims

Individuals can report police misconduct and file complaints directly with a local police department’s Internal Affairs unit or the Office of Law Enforcement Professional Standards in New Jersey. In addition to helping you get evidence suppressed and charges dropped, police misconduct may entitle you to damages for excessive force or rights violations.

There is a strict 90-day notice-of-claim deadline for bringing civil claims against government agencies in New Jersey, so promptly identifying and addressing police misconduct during a criminal case is crucial. In generally, you must bring your claim within 2 years of police misconduct, or you may lose your right to compensation for rights violations.

How Can You Handle Police Misconduct?

How you respond to police misconduct in the immediate aftermath and in the long run could not only affect a future civil rights lawsuit but also your current criminal case in New Jersey.

Prioritize Safety

Above all else, prioritize your safety during physical altercations with the police. Police misconduct often involves excessive force, threats, and intimidation. Don’t resist an arrest, try to remain calm, and do your best to observe officers’ actions so you can report what happened to your lawyer.

Document Everything

Documentation is key in instances of police misconduct. Document injuries from excessive force, note the date, time, and location of the incident, and get the names and badge numbers of all the officers involved.

Tell Your Lawyer

Speak up about police misconduct if it happens to you. Our lawyers can file motions to suppress coerced confessions or other evidence obtained through violations of constitutional rights and other instances of police misconduct. If the judge throws out evidence because of police misconduct, the prosecution may be forced to drop the charges altogether.

FAQs About Police Misconduct in New Jersey

What Are Common Examples of Police Misconduct?

The following are some of the most common examples of police misconduct:

  • Using excessive force
  • Making false arrests
  • Planting or fabricating evidence
  • Racial profiling
  • Miranda rights violations
  • Performing illegal searches
  • Coercion and intimidation during interrogations

If you’re unsure if certain behavior constitutes misconduct, ask your lawyer.

What Is Not Considered Police Misconduct in New Jersey?

Some police conduct is unsavory but not necessarily considered misconduct. For example, officers can use reasonable force to perform arrests. They can even lie to you about certain things during an interrogation and claim they have evidence that they don’t.

Can You Sue for Police Misconduct in New Jersey?

You may be able to sue for police misconduct in New Jersey. Keep in mind that a civil rights case would be separate from any ongoing criminal case or charges. Suing for police misconduct does not automatically erase any charges filed against you, but the charges could ultimately be dropped if your lawsuit is successful.

Can Having a Criminal Defense Lawyer Help Stop Police Misconduct?

Having a lawyer present during all custodial interrogations and interactions with law enforcement helps prevent opportunities for police misconduct and coercion. Agreeing to speak to the police without a lawyer present could make you vulnerable to police tactics that ultimately hurt your defense, so don’t talk to the police without a lawyer by your side.

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