Police Misconduct Attorneys in Maryland
Handling Police Brutality Cases in Maryland
At Wilson & Parlett, our attorneys understand that police officers are not above the law. When the actions of police officers unlawfully harm innocent people, claims of misconduct or police brutality may arise.
What are Examples of Police Misconduct?
Police misconduct occurs when illegal or unethical actions of police officers violate an individuals' constitutional rights. Some examples of police misconduct include:
- Use of Excessive Force
- Brutality
- Dishonesty
- Fraud
- Wrongful Arrest
- Injury of Innocent Bystanders
- Torture to Force Confessions
- Sexual Assault
- Abuse of Authority
If you have been wronged or left injured by the police, retain an experienced personal injury attorney right away. Our Maryland police brutality lawyers represent clients in Maryland from our offices in Waldorf and Upper Marlboro.
Get in touch with us at (301) 231-1737 to request a free consultation with our team. We look forward to hearing your story.
About Police Abuse Cases
Police misconduct litigation is one of the most challenging areas of personal injury law. Every jurisdiction has unique rules regarding notice requirements. Police misconduct can lead to a number of claims based on rights guaranteed by state constitutions, federal statutes, and the United States Constitution.
Victims of police misconduct often sustain substantial physical injuries that require expensive medical treatment and rehabilitation. Under certain circumstances, state and federal law may entitle victims to receive punitive damages calculated to deter future police misconduct.
Common Types of Police Misconduct in Maryland
Police misconduct occurs when officers abuse their power or violate an individual’s constitutional rights. In Maryland, some of the most common types of police misconduct include:
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Racial Profiling
Police may unfairly target individuals based on their race, ethnicity, or nationality. This practice often leads to stops, searches, and arrests without reasonable suspicion, disproportionately affecting people of color. -
False Arrest
False arrest occurs when a police officer detains or arrests someone without probable cause or a valid warrant. If an officer lacks the legal justification for the arrest, it could be considered a violation of your rights. -
Police Corruption
Instances of police corruption include officers engaging in criminal activities like bribery, theft, or even drug trafficking. When officers use their authority for personal gain, it undermines the trust between law enforcement and the community. -
Improper Search and Seizure
The Fourth Amendment protects individuals from unlawful searches and seizures. In some cases, police officers may conduct searches without a warrant or probable cause, violating an individual’s privacy rights. If evidence is obtained in this way, it could be inadmissible in court.
Understanding Your Rights During Police Interactions
When interacting with police, it’s essential to understand your rights to protect yourself from potential misconduct:
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Right to Remain Silent
You are not obligated to answer questions that may incriminate you. You can choose to remain silent and request an attorney. -
Right to an Attorney
If you are arrested or detained, you have the right to legal representation. You can request an attorney before answering questions. -
Protection Against Unlawful Search and Seizure
Police cannot search your person, home, or property without a warrant or probable cause. If this happens without your consent, it may be a violation of your rights. -
Right to Be Free from Excessive Force
Officers are prohibited from using excessive force. If an officer uses more force than necessary during an arrest or interaction, it could be considered police brutality.
How to Document Police Misconduct
If you believe you have been a victim of police misconduct, documenting the incident can help support your case. Here’s how to protect yourself:
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Recording Encounters
When safe, record video or audio of the police interaction. This provides evidence of any misconduct or excessive force. -
Collecting Witness Statements
Gather contact information from witnesses who can provide testimony or corroborate your version of events. -
Filing Official Complaints
You can file complaints with the police department or civilian oversight boards. This creates a record of your grievance. -
Seeking Medical Attention
If you’ve been injured, seek immediate medical attention. Medical records can serve as important evidence of injuries caused by police misconduct.
The Legal Process for Police Misconduct Claims
If you’re pursuing a lawsuit for police misconduct, here’s an overview of the steps involved:
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Initial Consultation
When you contact a lawyer, they’ll review your case, assess the evidence, and determine the best course of action. This consultation is typically free. -
Investigation
The legal team will investigate the incident thoroughly, gathering evidence, speaking to witnesses, and reviewing police records or body cam footage. -
Filing a Complaint
Once the investigation is complete, the lawyer will file a formal complaint or lawsuit against the police department, outlining the misconduct and damages. -
Negotiation
Before a trial, there may be settlement discussions or mediation with the police department’s legal team. Your lawyer will negotiate to get you fair compensation. -
Trial
If a settlement is not reached, your case may go to trial. Your lawyer will present evidence and argue your case in court, aiming to hold the officers or department accountable for their actions.
By understanding your rights and the steps involved in a legal claim, you can better navigate the process if you’ve experienced police misconduct in Maryland. An experienced attorney will help guide you through each step to ensure your rights are protected.
Hire a Reliable Attorney
Remember, there are many potential notice deadlines, statutes of limitation, and other pitfalls to navigate in a typical police misconduct claim. Utilizing the services of an experienced Maryland personal injury lawyer to ensure proper handling of your case will greatly improve the likelihood that you will receive full and fair compensation for your injuries. Wilson & Parlett is the firm you will want by your side should you find yourself in this situation.
FAQ: Police Misconduct Attorneys in Maryland
- What Does Police Misconduct Include?
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Police misconduct occurs when law enforcement officers engage in illegal,
unethical, or abusive behavior. Examples include:
- Excessive use of force
- Racial profiling or discrimination
- Fabricating evidence or lying in reports
- Wrongful arrests or detentions
- Injuries caused to bystanders during police actions
- Coercive tactics, such as forced confessions or intimidation
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What Are My Rights If I’ve Experienced Police Misconduct?
Under the United States Constitution and Maryland state law, you are protected from unlawful actions by police officers. Victims of police misconduct have the right to seek justice and may file claims under:- The Fourth Amendment (unreasonable searches and seizures)
- The Eighth Amendment (protection from cruel and unusual punishment)
- The Fourteenth Amendment (due process and equal protection under the law)
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How Can an Attorney Help with Police Misconduct Cases?
An experienced police misconduct attorney:- Evaluates the facts of your case to identify violations of your rights
- Guides you through filing claims in compliance with Maryland’s specific notice requirements and statutes of limitation
- Represents you in seeking damages for physical injuries, emotional distress, and punitive damages against the responsible officers or agencies
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What Damages Can I Pursue in a Police Misconduct Case?
You may be eligible for compensation for:- Medical expenses related to injuries sustained during the misconduct
- Lost wages or diminished earning capacity due to the incident
- Pain and suffering, both physical and emotional
- Punitive damages to hold officers accountable and prevent future misconduct
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What Makes Police Misconduct Cases Unique?
Police misconduct cases are legally complex because they often involve government entities with unique immunity protections. Deadlines to notify agencies of claims can be short, making it crucial to act quickly with the guidance of a knowledgeable attorney.
Call Wilson & Parlett Today
The legal fees for all personal injury cases at Wilson & Parlett are on a contingency basis, which means there is no fee unless we successfully obtain compensation for you. Our attorneys will gladly provide a free initial consultation to determine whether or not you have a meritorious claim.
Reach out to us online or by phone at (301) 231-1737. Our team proudly serves clients in both English and Spanish.