Excessive Force by Police

Excessive force by police.

Excessive force is the use of force by a police officer that is disproportionate to what a reasonable police officer would use under similar circumstances. The law allows police officers to use whatever force is necessary to make an arrest or defend themselves. However, they are also required to use their best judgment in determining how much force should be used in the heat of the moment.

The amount of force police officers can use depends on the circumstances of the arrest, such as:

  • The severity of the alleged crime
  • Whether the person poses a direct threat
  • Whether the person is resisting arrest

Under the Civil Rights Act of 1871 (42 USC 1983), people have the right to be free from violations of their constitutional rights by government officials. Use of more force than is reasonably necessary leads to a violation of a person’s fourth amendment rights. The fourth amendment protects people from unreasonable searches and seizures.

Instances of Excessive Force by Police Officers

  • The use of physical force against a person already in custody and not resisting arrest
  • The use of a weapon against an unarmed person
  • The use of threat to force a person into providing information or confessing
  • The use of repeated force or the use of a weapon when a person is already subdued

Suing a Police Officer for Use of Excessive Force

A person who has been a victim of excessive force may have a viable claim against the arresting officer. However, to sue a police officer, a victim must provide sufficient evidence. The following are two important pieces of evidence:

  • Video footage of the incident where excessive force was used: This is important because police officers generally have more credibility than the person arrested.
  • A significant and serious injury suffered by the victim: It is important to note that if a person has suffered a significant injury but the officer establishes that the use of force was reasonable, the person arrested may not be able to sue the officer.

Contact Us

Victims of excessive force are entitled to monetary damages to compensate them for the injuries they have suffered. If you or a loved one has been physically hurt due to the excessive use of force by a police officer, call (800) 889-3129 or email at joel@joelsilbermanlaw.com

Video: The Benefits of Hiring a Criminal Defense Attorney

A criminal defense attorney can help you with all the legal procedures, attempt to get your penalties lowered and help you get a fair settlement or plea deal. If you need a criminal defense attorney, get in touch with the law offices of Joel Silberman. Call us at http www.joelsilbermanlaw.com bollinger-bands-excel-xls or toll free at 800-889-3129 today. You can also Email us at joel@joelsilbermanlaw.com.

Video: Potential Defenses to Domestic Violence

If you have been wrongly accused of committing an act of domestic violence, a strong domestic violence defense is essential in protecting your reputation and freedom. Some potential defenses to domestic violence charges include wrong suspect, giving consent, false allegations, lack of proof and self-defense. If you need help with your false domestic violence charges, speak with our domestic violence attorneys right away. Call us at (800) 889-3129

Reasons for Hiring a Criminal Defense Attorney

Criminal defense

There are many reasons why hiring a criminal defense attorney is beneficial for you. They understand the law better, have invested years of education in criminal justice and earned their experience in courtrooms. Regardless of whether they to help lower your penalties or avoid any other consequences, our attorneys are very prepared to handle your case.

The last thing you want is a criminal record following you for the rest of your life. A criminal defense attorney can help stop that from happening. With a good attorney by your side, you have a good chance to win the case or have it dismissed. If you are convicted, he or she can still appeal and ask the court to delete your conviction from your records, allowing you to live a normal life without worrying about a criminal record standing in the way of your job or social life.

When you are faced with a criminal charge, it is vital that you correctly handle all the documentation involved such as filing a plea bargain and submitting court documents on time. If you are handling the case on your own, it might be overwhelming for you to keep track of all the documents you need to bring to court. You may think that you are saving on the attorney’s fees, but a wrong step or a missed deadline for submission of documents could result in you losing your case. You would then have to face many more penalties, and have a much bigger price to pay. An experienced criminal defense attorney can help you with all the legal proceedings and, most importantly, keep you out of jail.

A criminal defense attorney can attempt to get your penalties lowered by getting a diversion or an alternate sentence. In case you want to settle your case by plea bargaining, only an expert criminal defense attorney can successfully negotiate a fair settlement with seasoned prosecutors. He or she can also protect you from improper attempts to get you convicted.

If you were to run into dishonest individuals trying to tamper or destroy your evidence, it would be very challenging to correct that on your own without professional help. An experienced defense attorney will know exactly what to do with people who are less than honest. An experienced attorney has access to professionals such as private investigators, medical practitioners and expert witnesses. They will help you uncover the truth, track down records and point out weak or contradictory statements.

If you or a loved one has been arrested or charged with a criminal offense, contact criminal defense attorney Joel Silberman right away. Joel and his team will provide an aggressive defense from start to finish and offer you the best chance to stay out of jail. For a free initial consultation, call us at 201-273-7070 or toll free at 800-889-3129. You can also email us at joel@joelsilbermanlaw.com.

Video: Factors to Consider When Looking for a Criminal Defense Attorney

If you are facing a criminal charge, hiring the right defense attorney can help you deal with your criminal case effectively. When searching for the right attorney, look for someone who is experienced and can fight for you and protect your reputation and rights. If you or a loved one has been arrested or charged with a criminal offense, contact us. We will provide you with an aggressive defense from start to finish, and will keep you informed regarding your case. Call us at (800) 889-3129

Slideshow | Factors to Consider When Hiring a Criminal Defense Attorney

If you are facing a criminal charge, hiring the right defense attorney can help you deal with your criminal case more effectively. It is one of the most important decisions you will ever make. However, choosing the right attorney can be challenging. When searching for an attorney, look for someone who is experienced and can fight for you and protect your reputation and rights. If you or a loved one has been arrested or charged with a criminal offense, contact us. We will provide you with an aggressive defense from start to finish, and will keep you informed regarding your case. Call us at (800) 889-3129

Criminal defense

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Slideshow | What are the potential defenses to domestic violence charges?

Domestic violence charges are very serious and its conviction can carry serious consequences. If you have been wrongly accused of committing an act of domestic violence, a strong domestic violence defense is essential in protecting your reputation and freedom. You can defend yourself by showing that you are the wrong suspect and that you were falsely accused. If you need help fighting your domestic violence case, contact the domestic violence defense attorneys at The Law Offices of Joel Silberman, LLC. Call 201-273-7070.

domestic violence

click here to
download

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