How Victims Can Build a Strong Case for Police Brutality
If you’ve watched the news or scrolled through social media, you’ve seen some of the horrible cases of police brutality and misconduct that happen far more frequently than they should. The sad truth is that even more of these situations go unreported and unnoticed. Police officers in California swear to “support and defend” the Constitution when they are hired, and this should include protecting the rights of those they come into contact with. When officers abuse their power, it can result in unnecessary and excessive use of force that can cause serious injury or even death to others.
If you or someone you love was injured or killed in an altercation with police, you need to understand your rights and whether you may have a legal case for police brutality. The attorneys at Geonetta & Frucht, LLP, are here to discuss your case and present your options.
Police Brutality in California: How Big Is the Problem?
It’s clear that police brutality and misconduct are ongoing issues, but how often do these incidents happen, and who is more likely to be affected? These statistics on police use of force and misconduct in California can shed some light on this topic:
- Around 250 people are shot each year by a police officer
- 195 people die during interactions with law enforcement officials each year
- Black and Latino Californians are more likely to be seriously injured or killed by officers
- Having a gun on you increases the chance of being shot or killed by police
- More than 40% of those who had non-fatal gunshot wounds resulting from an altercation with police had a mental health condition or substance use disorder
While it’s true that some police shootings or use-of-force incidents are justified, many are not. Our firm is committed to ensuring that victims understand their legal options and have representation when they want to hold the officers responsible for misuse of force.
What Evidence Is Used in Police Brutality Cases?
In years past, police brutality cases often came down to a he-said-she-said situation, where it was the victim’s word against that of the officer. Unfortunately, the officer’s account of the events is often given more weight than the victim’s — especially if the victim had a prior criminal record. Today, however, there is frequently more evidence that can be presented to establish excessive force or police misconduct, thanks to advancements in technology.
Body cameras and dash cams have been a major leap forward in this area. While the law does not require officers to use body cameras, some law enforcement departments have policies that require officers to wear them when they are interacting with the public. The footage from these body cameras can help present a clearer picture of the situation after the fact, providing audio and video evidence of whether the victim was armed and whether the victim was complying with the officer’s request.
Other types of evidence that can be used to prove police brutality in court include videos from bystanders who may have recorded the incident on a cell phone, 911 call recordings, police reports, eyewitness testimony, and physical evidence, such as photos of injuries or medical records.
Having documentation of your injuries and what happened before, during, and after the incident can make or break your case. It’s essential to seek medical treatment for any injuries as soon as possible to help establish a timeline and to get a copy of your records for your attorney to review. Write down everything you can remember from the incident, as these details often get muddled as time passes. Every piece of evidence is essential when building a case against the police.
What Should You Do If You Were the Victim of Police Brutality?
If you were a victim of police brutality or you’re the family member of someone who was killed by the police, we understand how difficult it can be to come forward. But talking to an attorney who has experience with these types of cases can help you understand your rights and whether you have a case. When you meet with one of the lawyers at Geonetta & Frucht, LLP, we’ll discuss what happened to see if you have grounds to file a lawsuit. It’s critical that you be 100 percent honest during these conversations — anything you say is protected by attorney-client privilege — so that we have an accurate idea of the challenges we will have to overcome to win your case.
An attorney can also educate you on what you should not do after a police brutality incident. For example, discussing the case with others — even close friends or family members — or posting about it online can undermine your case and create issues later on in court. Deciding to file a lawsuit against a police officer or the department can be scary, but our attorneys will be by your side every step of the way.
Victims of police brutality or their families are sometimes afraid to come forward for fear of retaliation or the belief that officers are above the law. At Geonetta & Frucht, LLP, we’re here to help you get justice. No one, especially not those whose job it is to protect California citizens, is above the law. We believe that police officers who misuse their power and use excessive force should be held accountable and brought to justice. Call our Oakland office at 510-250-2743 or our San Francisco office at 415-237-1212 to schedule a consultation with one of our attorneys.
