How A Police Misconduct Attorney Can Help Even If You Were Charged With A Crime
If you were arrested, you may assume you cannot pursue a claim against law enforcement for misconduct. That assumption is often incorrect.
Throughout the United States, individuals retain constitutional protections regardless of whether they are ultimately found guilty, acquitted, or have charges dismissed. A Baltimore police misconduct lawyer can evaluate whether your rights were violated and help you pursue civil remedies when law enforcement crosses legal boundaries.
Constitutional Rights Do Not Disappear After an Arrest
The Fourth and Fourteenth Amendments protect individuals from unreasonable searches and seizures, excessive force, and other forms of misconduct. These rights apply to everyone, including people suspected of or charged with criminal offenses. Courts routinely recognize that police officers must adhere to constitutional standards during stops, arrests, and detentions.
For example, the use of excessive force may constitute a violation even if the underlying arrest was lawful. Similarly, unlawful searches, false arrest practices, or coercive interrogation tactics can give rise to civil claims independent of the criminal proceedings.
A key point Maryland residents should understand is that a criminal prosecution and a civil rights lawsuit are distinct processes with different legal standards and objectives. Criminal courts determine whether a person violated the law beyond a reasonable doubt. Civil courts, on the other hand, evaluate whether a government actor violated constitutional rights.
So, a guilty plea or conviction does not automatically eliminate the possibility of a civil claim. Likewise, a dismissal or acquittal does not guarantee that misconduct occurred. An attorney can examine the specific facts, including body camera footage, witness testimony, incident reports, and medical records, to assess whether actionable violations took place.
Examples of Police Misconduct Claims
Common types of claims that may still be viable even when criminal charges are involved include:
- Excessive or unnecessary use of force during arrest or detention
- Illegal searches or seizures without proper warrants or probable cause
- Fabrication or manipulation of evidence
- Failure to provide medical care while in custody
- Retaliation or discriminatory enforcement practices
Maryland attorneys often pursue these claims under federal civil rights statutes, as well as state law tort claims where applicable.
An experienced Baltimore police misconduct lawyer can coordinate strategy with other professionals to ensure that pursuing civil action does not inadvertently harm the defense in a pending criminal matter. They can also identify applicable notice requirements, including those under the Maryland Tort Claims Act or Local Government Tort Claims Act, which impose strict timelines.
In addition to investigating the incident, an attorney may consult with law enforcement experts, review internal affairs records, and calculate damages such as medical expenses, lost income, and emotional distress.
Is investigating a law enforcement incident a priority for you? Being charged with a crime does not strip you of constitutional protections. If law enforcement used excessive force or violated your civil rights, you may still have grounds for legal action. The legal team at Iamele & Iamele, LLP can determine whether civil remedies are available, regardless of the outcome of your criminal case. Contact us and schedule a confidential consultation to learn more.
