The criminal justice system in Alabama is designed to uphold the principles of justice and protect individual rights. In relation to this, there are instances where law enforcement officers may overstep their authority, leading to police misconduct and unlawful arrests. If you find yourself facing these issues, you should consult with an experienced criminal defense attorney.

What is Considered Police Misconduct in Alabama?

Police misconduct refers to any inappropriate or illegal actions or behaviors by law enforcement officers while they are performing their duties. These actions violate the laws they are sworn to uphold and can take various forms.

Excessive Use of Force
Racial Profiling
False Arrest
Fabricating Evidence
Verbal and Physical Abuse
Unlawful Searches and Seizures
Corruption
Sexual Misconduct
Failure to Intervene
False Statements and Perjury
Unlawful Detention

Legal Strategies to Deal with Police Misconduct and Wrongful Arrests

Suppression of Evidence

One of the primary ways your attorney may tackle police misconduct is by challenging the admissibility of evidence obtained through illegal searches or seizures. The Fourth Amendment of the US Constitution protects individuals from unreasonable searches and seizures. If an attorney can prove that the evidence was collected in violation of this amendment, they can file a motion to suppress that evidence. If successful, this can significantly weaken the prosecution’s case.

Filing Motions and Requesting Hearings

In cases of unlawful arrests or police misconduct, defense attorneys may file motions to dismiss charges or request hearings. These motions are based on the argument that the case should not proceed due to violations of the defendant’s constitutional rights. A successful motion can lead to the dismissal of the charges, ensuring that the defendant’s rights are upheld. The Circuit Clerk’s Office in Lee County Courthouse, 2311 Gateway Dr, Opelika is where legal documents, including motions, are typically filed.

Civil Rights Lawsuits

In more severe cases of police misconduct, attorneys may recommend that their clients file civil rights lawsuits against the officers or the police department involved. These lawsuits can obtain compensation for damages and serve as a means to hold law enforcement accountable for their actions.

Investigation and Documentation

Criminal defense attorneys often conduct their own investigations or collaborate with private investigators to gather evidence of police misconduct. This may involve interviewing witnesses, collecting documentation, or obtaining video footage that can support the defense’s claims. Gathering compelling evidence is vital to building a strong defense.

Expert Witnesses

Defense attorneys may call upon expert witnesses who can provide testimony on police procedures, use of force, or the legality of an arrest. These experts can educate the court and the jury about the standards and regulations that law enforcement officers should follow, helping to demonstrate misconduct or unlawful actions.

Negotiating with Prosecutors

In some cases, attorneys may negotiate with prosecutors to have charges reduced or dropped, particularly when there is strong evidence of police misconduct. Prosecutors may be willing to cooperate when presented with clear violations of an individual’s rights, allowing for a favorable outcome for the defendant.

Jury Selection and Trial Strategy

During a trial, defense attorneys may use jury selection and trial strategy to inform the jury about the alleged police misconduct and its impact on the case. Educating the jury about constitutional violations can be instrumental in swaying their decision in favor of the defendant.

Public Awareness and Pressure

In high-profile cases of police misconduct, defense attorneys may leverage public awareness and pressure to their advantage. By working with activists and the media, they can bring attention to the case and generate support for their client’s cause. Public scrutiny can sometimes lead to increased accountability.

How Our Criminal Defense Attorneys Can Prove Police Misconduct

Our skilled criminal defense attorneys are often able to compile extensive evidence to substantiate claims of police misconduct and build a strong case in your favor:

Video Footage: Video evidence from security cameras, body-worn cameras, dashcams, or bystander recordings can be instrumental in documenting police actions and potential misconduct.
Eyewitness Testimony: Statements from individuals who witnessed the incident can provide invaluable firsthand accounts of what occurred and whether police misconduct took place.
Police Reports and Documentation: Our attorneys will analyze police reports, arrest records, and other official documents for inconsistencies, omissions, or inaccuracies that could indicate misconduct.
Expert Witnesses: Expert witnesses, such as use-of-force experts or forensic experts, can provide professional opinions on how the police actions were unjustified.
Medical Records: If you were injured during the incident, medical records can demonstrate the extent of injuries and potentially support claims of excessive force.
Audio Recordings: Audio recordings, such as 911 calls or dispatch communications, can provide additional context to the situation and verify what was reported.
Civilian Complaints: Records of civilian complaints against the involved officers or the department may reveal a pattern of misconduct.
Internal Affairs Investigations: We may use information from internal affairs investigations into the officers’ conduct to highlight prior misconduct or disciplinary actions.
Chain of Custody Records: In cases involving evidence tampering or planting, examining chain of custody records can reveal irregularities that suggest misconduct.
Surveillance Footage: We will obtain surveillance footage from nearby businesses or residences to acquire a different perspective on the incident and corroborate or contradict police accounts.

Legal Help is Here from Proven Criminal Defense Attorneys in Alabama

The skilled criminal defense attorneys at Alsobrook Law Group have dealt with bad police officers and understand the challenges and uncertainties that come with facing a criminal charge. Our proven track record of success, deep legal knowledge, and extensive resources will be employed toward defending your freedom. To request your free, no-obligation consultation, call us at 334-360-9534 or complete this online form.