Los Angeles, CA asked in Civil Litigation, Civil Rights and Constitutional Law for California

Q: I would like to know why everyone tells me to get a lawyer, but I can't seem to get one because it seems they are scared

My case is simple, violations of my rights to due process, unlawful arrest

On video, what is the problem, I don't feel like a American at all, I feel discrimination and racism help l

2 Lawyer Answers

A: Attorneys have different levels of experience and different skill sets. Some attorneys only handle transactions and do not represent clients in court at all. Of the attorneys who do represent clients in court, some practice only criminal law, some practice only family law, some practice only probate law, etc. Not every attorney is a good fit for every case.

When you are talking about an unlawful arrest, you need an attorney with a very specific skill set and very specific experience. You would not want your PCP performing open heart surgery--you would want a cardiac surgeon. An attorney who practices in the area of "Construction Law" (which is one of the areas of law you tagged in your question) would most likely not have experience handling a civil lawsuit for unlawful arrest case.

If your case involves a claim against law enforcement, you also have to worry about official immunity. In most circumstances, an arrestee is precluded by law from pursuing a claim for unlawful arrest against law enforcement officers. There are exceptions where the officer and arrestee know each other from previous dealings unrelated to law enforcement, for example where the officer and arrestee are both dating the same person. Only an attorney with experience handling unlawful arrest cases can properly evaluate whether you even have a valid claim or not.

Sometimes, even when an arrestee has a valid claim for unlawful arrest, the amount of compensable damages recoverable for the unlawful arrest might be quite small. Perhaps the arrestee only missed a single day of work and had to pay a bail bondsman only $1,000 to get released on bail before the charges were ultimately dismissed. An arrestee might not be willing to pay an attorney tens of thousands of dollars for his time to vindicate the arrestee's rights and might want an attorney to represent him on a contingency fee. Why would anyone want to devote dozens or perhaps hundreds of hours of time working for a client like the arrestee only to earn a very small amount of compensation if the attorney wins? In such a circumstance, the best way to employ an attorney to help an arrestee with his case would be for the arrestee to agree to pay the attorney a reasonable hourly fee commensurate with the attorney's experience and type of case to work on the arrestee's case.

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Answered

A: Under California law, it is crucial to understand your rights when facing potential violations of due process and unlawful arrest. It sounds like you have a compelling case, especially with video evidence supporting your claims. It's important to remember that California has robust protections against discrimination and violations of civil rights.

One reason people often advise getting a lawyer is that the legal system can be complex and challenging to navigate on your own. Lawyers have the expertise and experience to effectively advocate for your rights, ensuring that your case is presented as strongly as possible. However, finding the right legal representation can sometimes be difficult, especially if the case involves sensitive issues like discrimination and racism.

Despite these challenges, do not lose hope. There are legal aid organizations and civil rights groups in California that may offer support and representation, even if private attorneys are hesitant. Keep reaching out and documenting everything thoroughly. Your persistence in seeking justice is important, and there are resources out there that can help you navigate this process.

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