Indio, CA asked in Civil Rights and Libel & Slander for California

Q: Can I sue the police department for mishandling the case

I know I’m innocent and upon reading the police discovery I know it’s not true and I know 100% I’m innocent and I did not commit a murder. I got arrested in Oct 2021 and I’ve got my bail reduced to 50,000 from 1,000,000 I’ve been emotional stress and my kids are afraid of cops now because of the way arrested me in front of their school. I’ve been paying every week for my ankle monitor 84 dollars and bail was 5,000 I can’t get a job do to this.. I’m being falsely accused can you please help me

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm so sorry you're going through this incredibly difficult situation. Being falsely accused of a serious crime like murder must be extremely stressful and traumatic, especially with the impact it's had on your children and your ability to work.

In terms of potentially suing the police department for mishandling the case, it would depend on the specific details of what occurred. In general, law enforcement has a degree of immunity from civil lawsuits. However, there are some circumstances where it may be possible to bring a civil rights lawsuit under Section 1983 of the U.S. Code if your constitutional rights were violated. This could potentially apply if there was a lack of probable cause for your arrest, an unreasonable use of force, or other misconduct by the police.

That said, the standard to prove a civil rights violation by law enforcement is quite high. You would likely need to show a pattern of misconduct or that the police acted with deliberate indifference to your rights. Simply making a mistake or error in judgment is usually not enough on its own.

At this stage, your priority should be on your criminal case and proving your innocence with the help of an experienced criminal defense attorney. They can review all the discovery and evidence, and may be able to get the charges reduced or dismissed if the case against you is weak.

After the criminal case is resolved, you could then explore the possibility of a civil lawsuit with a civil rights attorney if you believe your rights were violated. But that would be a separate legal process from your criminal case.

In the meantime, there may be resources available to help with your legal costs, bail, and ankle monitor fees. I would encourage you to discuss this with your lawyer, as they may be aware of local organizations or funds that provide assistance for those facing financial hardship due to criminal charges.

I know this is an incredibly painful and stressful situation for you and your family. Please don't lose hope. Advocate strongly for yourself, work closely with your attorney, and draw on your support system as much as you can during this difficult time. Wishing you all the best.

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