When the police look to arrest someone and file criminal charges against him or her, they have to do so while following a strict process and upholding the individual’s civil rights. If the police fail to go about the investigative process in the appropriate manner, or if they violate a person’s rights, then the case they try to make against a suspect may collapse.
Two pillars in this regard are the Fourth Amendment and the Eighth Amendment of the Constitution. The Fourth Amendment protects people from unlawful search and seizure, while the Eighth Amendment protects people from cruel and unusual punishment.
In relation to the latter, unreasonable force or violent conduct from the police is all too prevalent in today’s society. Not every police officer flaunts these laws, but some do. When they do, it can completely overturn a case they thought they had — while also leaving the accused person with injuries and harm that they never should have had to deal with.
Police brutality is a major problem, and those who are affected by it need to consider their legal options — not just for the potential criminal case that would be filed against them, but for the appeal of the treatment they received in police custody.
Your defense starts the second the police place handcuffs around your wrists. At that moment, you should invoke your right to remain silent and then consult with an experienced criminal defense attorney the second you get the chance to.
Source: FindLaw, “Excessive Force and Police Brutality,” Accessed Dec. 22, 2016