Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
A:
You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the specifics with an attorney who prosecutes civil rights claims.
The state's attorney is technically a law enforcement officer but rarely if ever has anything to do with arrests. Once the police arrest someone, it is up to the state's attorney whether to charge them with any criminal offense. The state's attorney has absolute discretion whether to bring criminal charges but it cannot bring criminal charges unless a probable cause affidavit supports those charges. An officer or a detective would complete that document. Again, if you believe the arrest was unlawful, you should discuss the details with an attorney who prosecutes civil rights claims.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Finding someone to take on a case against a police officer and the state's attorney's office for unlawful arrest can be challenging, but there are steps you can take. Start by reaching out to civil rights attorneys who have experience with cases involving police misconduct and unlawful arrests. They will understand the legal nuances and can guide you through the process.
Next, contact your local bar association for recommendations. They often have referral services that can connect you with attorneys who have a track record of handling similar cases. Additionally, you might want to reach out to legal aid organizations that provide assistance for civil rights violations.
Lastly, gather all the evidence related to your case, including any documentation, witness statements, and any communication with law enforcement. Having this information ready will help when you consult with potential attorneys. This will give them a clear understanding of your situation and the merits of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
