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Corona, CA asked in Criminal Law for California

Q: Q: Have you or the other attorneys in your firm ever fought a case against law enforcement?

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1 Lawyer Answer
Stanley Dale Radtke
Stanley Dale Radtke
  • Criminal Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: It depends upon what you mean by "fighting a case." In every criminal action, law enforcement has engaged in activities that ultimately resulted in the arrest of a defendant. The defendant then offers a defense to the charges in criminal court.

If on the other hand, you are discussing potentially unlawful conduct by law enforcement such that someone's civil rights have been violated, then such a complaint would be filed in federal court under civil law, such as 42 USC 1983.

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