What Are Some Examples of Police Misconduct in Boston?<\/h2>\n
Police officers work a decent and dangerous job. Sadly, a small number of officers at work exceed their authority and violate the public’s trust. Police officers that engage in police misconduct give the law-abiding officers a bad name, with their actions often leading to miscarriages of justice.<\/p>\n
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The following are some examples of police misconduct in Boston:<\/p>\n
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- Racial profiling<\/li>\n
- Using excessive force and police brutality<\/li>\n
- Illegally stopping or falsely detaining a person<\/li>\n
- Violating an individual’s rights<\/li>\n
- Illegally searching a person’s home (in violation of the Fourth Amendment)<\/li>\n
- Wrongful imprisonment<\/li>\n
- Conducting a malicious prosecution<\/li>\n
- Causing a wrongful conviction<\/li>\n<\/ul>\n
If you’ve been a victim of police misconduct, you need to consult a Boston police misconduct attorney. They have a deep knowledge of strategies to get the desired results in police misconduct cases.<\/p>\n
What Are Massachusetts Police Misconduct Laws and Claims?<\/h2>\n
Boston federal civil rights and Massachusetts criminal laws allow civilians to file a claim against police officers who go beyond the scope of their authority when discharging their duties. However, citizens ought to know that it’s never a good idea to resist an order from a police officer. Doing so could result in charges for resisting arrest.<\/p>\n
Civilians must yield to an officer’s reasonable restrain and arrest, even if it later turns out to have been an improper arrest. Police officers are protected by “qualified immunity<\/a>” as long as their conduct doesn’t violate specific individual rights.<\/p>\n
State Criminal Charges for Police Misconduct<\/h3>\n
Under Massachusetts federal laws in <\/span>18 U.S. Code Section 242<\/span><\/a> and <\/span>42 U.S. Code Section 1988<\/span><\/a>, any individual can file a criminal complaint against a police officer in a state district court. The District Attorney has the discretion to pursue such a claim or not while typically relying on officers as witnesses.<\/span><\/p>\n
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<\/p>\nIf the DA determines a strong case against the officer, they can refer it to the Attorney General’s office or a special prosecutor in another county.<\/span><\/p>\n
Penalties for Violating Lawful Procedures When Making an Arrest<\/h3>\n
Most violations concerning arrests are punishable upon conviction. For example, failing to tell a detainee the grounds for the arrest can attract a penalty of:<\/p>\n
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- A fine of up to $1,000 or<\/li>\n
- Up to 1-year imprisonment<\/li>\n<\/ul>\n
Internal Complaints for Police Misconduct<\/h3>\n
Police departments (Boston Police Department and Massachusetts State Police) have stipulated procedures for investigating civilian complaints about police officers. Since it’s an internal process, there’s a tendency for police departments to protect their officers. The complaints typically remain in the officer’s personnel file even if they face no disciplinary action.<\/p>\n
Interference with Civil Rights<\/h3>\n
Under the federal code, any person who willfully subjects another to the deprivation of their privileges, rights, or immunities protected by the U.S. Constitution shall be guilty of a crime. Under the color of law code, denial of rights may include, but isn’t limited to:<\/p>\n
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- A failure to intervene<\/li>\n
- Deliberate indifference to a substantial risk of harm or serious medical condition<\/li>\n
- Sexual misconduct<\/li>\n
- Physical assault<\/li>\n<\/ul>\n
A probe of police misconduct claims is the responsibility of the federal Department of Justice (DOJ). It must prove the following elements to get a conviction:<\/p>\n
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- A police officer deprived a victim of a right protected by U.S. laws or the Constitution<\/li>\n
- A police officer acted willfully, and<\/li>\n
- A police officer acted under color of law<\/li>\n<\/ul>\n
A skilled Boston criminal defense attorney can help you file a claim alleging criminal violations by a police officer. They will also advise you on the risks your case attracts, given that state laws are subject to change through a ballot initiative, rulings in higher courts, and the passage of new legislation.<\/p>\n
How Can a Lawyer Help in a Police Misconduct Case?<\/h2>\n
Most police misconduct cases involve violating the victim’s constitutional rights by a law enforcement officer. The cases often revolve around excessive force during an arrest, leading to physical injuries, mental anguish, and in worse cases, death.<\/p>\n
To pursue a violation claim of your constitutional rights, you must bring the claim as a civil lawsuit. An experienced Boston police misconduct attorney can help you get justice in the compensation you deserve. Even if you’ve been convicted of a crime, you have the right to protection from police misconduct and abuse.<\/p>\n
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<\/p>\nAs a victim of police misconduct, you may be afraid to report the incident because you fear intimidation. You may also worry that you may have no legal recourse.<\/p>\n
That’s where an experienced police misconduct defense lawyer in Boston, MA, comes in to evaluate the details of your case and help you pursue a criminal or civil lawsuit for an award of the damages. Experienced criminal defense attorneys know the laws about police brutality and are not intimidated by officers in the police department.<\/p>\n
Legal Aid Fighting for Your Rights in Boston, MA<\/h2>\n