Can Police Brutality Cause My Criminal Case To Get Dismissed?
This is a big question that comes up a lot in criminal defense, especially in Los Angeles County, California where the police are definitely violent with people. They hurt people. I’ve seen them break bones, cause stitches and it really doesn’t get your criminal case dismissed, but sometimes it can be used to try to defend you and show that the people have exaggerated in their police report. Because any time that the police use any type of physical force against somebody that they’re apprehending related to a criminal case, they have to justify it.
So, what they’re going to do is pencil-whip the defendant do death. In other words, they’re going to put a bunch of bad stuff in the police report to justify their actions, because if they don’t, they themselves can get in trouble. They know defense attorneys like me are going to use it in a criminal case, especially if it’s relevant, but I think even more importantly, each law enforcement agency in has their own internal affairs unit. So, all somebody has to do is complain to that unit and they’re going to investigate it. If there was any violence involved, they’ll do a full-blown investigation where they get video footage, they interview witnesses including civilians, defendants, and other police officers that might have been there when the incident occurred.
Justification of Using Force
The bottom line is, when it comes to criminal defense, I’m arguing all the time to juries, prosecutors and judges that the reason they’ve said so many bad things about my client during their arrest is because they’re trying to justify their own actions. They’re trying to justify the fact that they had to use physical force — hurt the person, use violence. The reality is, they’re trying to save their butts, because if they do something wrong, not only will they get fired from their job, they could be criminally prosecuted for it.
Make no mistakes. These reports, whenever violence is used against a defendant in a criminal case, are going to be slanted, unfortunately, and they’re going to be severely slanted against any criminal defendant. The bottom line is, if you were beaten by the police, it doesn’t necessarily mean you’re going to win your criminal case. If you were doing something criminal, they’re going to be able to prosecute you for it criminally.
Now, if the beating had to do with your criminal case and they’re lying about the facts surrounding your criminal case, then that could be used as a defense to show the jury that the only reason they’re saying all of this bad stuff about the defendant is because they themselves beat the defendant and they don’t want to get in trouble and they’re trying to justify their actions by trumping up all of these criminal charges.
So, if you’ve got a case where police brutality was involved and you’re being charged with a crime in Los Angeles County and you’re being prosecuted in one of the courts, give me a call. We’ll sit down. I’ve been doing this from twenty-five years. I’ve handled a lot of cases where the police have beat people up and then try to justify their actions by dummying up their police report, and I know how to ferret this out, attack it, fight it and get you the result you deserve if you have a criminal case pending in LA County. Contact our California criminal defense attorneys to review your case.
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