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Can I get a lawyer for police misconduct and sue the police department? What kind of lawyer work these types of case.

Camden, AR |
Filed under: Police misconduct

My boyfriend was walking down the street and was locked up for a crime he did not commit. The police says he was on camera but when he went to his first appearance there was no evidence. The police then changed the story and said someone called in saying he was trying to break in someone home and he was down the street talking to his friend. This has happened to him twice before. First bond 10,000 no evidence, second bond 20,000 and third bond that is now is 25,000 dollars and he is sitting in jail and about to lose his job. Could he get compensated for civil right damages because every time something goes on he is being locked up and never goes to court and never gets any paper work for the crime he is been charged for. He doesn't have any money to pay a lawyer but he wants to sue.

My boyfriend has been sitting in jail and there is no air. The jail is nasty and disgusting. This man is sitting in jail for nothing, He walked down the street over his friend house and when he went back home the police searched him and locked him up stating they had a call about a break in and he was no where near the scene. At first they lied and said he was on camera now they saying someone called in. Something is fishy here. The law doesn't state that no man or woman can not walk down the street. I'm tired of these police officers getting away with things in my town. Everyone is afraid to speak up. Do I need to contact Internal Affairs. I need some advice.

Attorney Answers 3

Posted

First, your boyfriend needs a criminal defense attorney to defend his case. If and when he is acquitted or the charges are dropped, he MIGHT have a civil suit. I recommend focusing on proving his innocence first. Best of luck.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.

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5 comments

Asker

Posted

He never goes to court or trial. He pays his money to the police department and never here from them again. No court, no paper work, no charges on him or anything. They just money.

Alexander Mchenry Memmen

Alexander Mchenry Memmen

Posted

I'm sorry, but your question doesn't make sense. Make an appointment to see a local attorney. Good luck.

Asker

Posted

They only want money

Asker

Posted

Yes. I'm making sense. I said he never goes to court and when he pays to get out of jail he doesn't hear anything else from the police department. He pays and never hear from them again. If you are being charged with a crime where is the court date. He never gets one.

Asker

Posted

This is his third time being charged for nothing. The same crime but no evidence. Do you understand?

Posted

Your BF is looking for a civil rights attorney. YOU have no standing to sue anyone. 'Standing' is a concept that boils down to this: only the person directly impacted can bring a suit. In what you described you are not directly impacted by the police actions, so you do not have standing to sue.

LOTS of info missing from your post---but let the AR civil rights attorney worry about getting that info.

Your BF can sue. Whether he has a chance of 'winning' depends on lots of facts not in your post. There is no way to predict whether he even has a case, on the spotty facts you posted.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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1 comment

Asker

Posted

No. I'm not the one that's want to sue. He does. I'm just asking questions for him. .

Posted

First and foremost--and, I hate to state the obvious--your boyfriend needs to fight these bogus charges, so that he can get out of jail. If he can't afford an attorney, then he can ask for a public defender. Then, he needs to find himself a competent civil rights to help him pursue any potential claim he may have.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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