if a police officer denies my right to talk to my attorney what happens to that police officer?

What rights do you have when you are arrested?

During an Arrest, You Have the Right to Remain Silent. Once a police officer places you under arrest, he or she must read you your Miranda rights. Under this series of rights, you have the right to remain silent and the right to hire an attorney. You cannot walk away from police officers, but you can refuse to answer any questions they have ...

Can police make random stops?

The police also have the right to make random stops on the street without violating your constitutional rights, as long as the officer can justify the stop using specific and articulable facts. However, the officer is not arresting you during a random stop. You can always ask if the officer is detaining you.

Can you refuse random street questioning?

You Can Refuse Random Street Questioning. A police officer may stop you on the street and ask you to answer a few questions about a crime, whether or not it is a crime the officer is accusing you of. While you do have the right to remain silent based on the Fifth Amendment, the officer will not inform you or read you of ...

Can you ask if an officer is detaining you?

You can always ask if the officer is detaining you. If the answer is no , you can stop the conversation and calmly walk away. Make sure to walk away as calmly as possible, as to not raise suspicion and give the officer a reason to detain you.

Do you have the right to refuse an interview?

We know that we have the right to remain silent and to have a defense attorney represent us – but do we have the right to decline an interview by a police officer? If you are facing criminal charges, you may feel like you have to comply with an interview or face consequences, but under some circumstances, you do have the right to refuse an interview.

Can a police officer ask you to answer questions?

Another scenario under which a police officer may ask you to answer some questions is if you receive a voluntary request for custody. This is another situation where the Miranda rights warning do not technically apply. You may receive a request to voluntarily visit the police station to answer a few questions.

Can you refuse an interview with a police officer?

Remember, you have the right to refuse an interview by a police officer. If an officer tries to threaten or intimidate you into giving an interview, remember that you have the right to have an attorney present. Do not give in to the officer’s demands until you speak to your lawyer.

What to do if you are arrested by a cop?

If you are arrested, remain silent except for asking for an attorney. A criminal defense attorney can help you determine if the cops did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing.

What happens if a police officer arrests a person without cause?

If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court. Without that evidence, there may not be a valid case against the person.

What rights does false arrest violate?

Because the officer did not have probable cause to believe a crime had been committed, the officer violated the person’s Fourth Amendment rights. However, false arrests can also violate a person’s Fourteenth ...

What to do if you believe your constitutional rights were violated?

If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney. Arguing with a police officer or resisting arrest can give an officer probable cause for the arrest. Police are permitted to pat you down to ensure that you are not carrying a dangerous weapon.

Why do police use arrests?

Arresting a person is a powerful tool for law enforcement. Arrests are made when a person is suspected of committing a crime. However, some officers misuse arrests for various reasons.

What are some examples of police misconduct?

Police misconduct includes a wide variety of actions that law enforcement officers may use during an investigation, encounters with citizens, or arrest. Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.

What happens if a police officer is hit and run?

If a police officer is guilty of domestic violence, hit and run, or any other crime, a judge can sentence the officer to the same punishments as you face.

What is the law that makes it unlawful for a state or local law enforcement officer to engage in a pattern or

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (34 U.S.C. § 12601). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

What is the law that the DOJ enforces?

In DOJ investigations, whether criminal or civil, the person whose rights have been reportedly violated is referred to as a victim and often is an important witness. DOJ generally will inform the victim of the results of the investigation, but we do not act as the victim's lawyer and cannot give legal advice as a private attorney could.

What is the DOJ document?

This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Federal laws that address police misconduct include both criminal and civil statutes.

What does DOJ do in a civil case?

In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency.

How to report a violation of the OJP program?

If you would like to report a violation of the Police Misconduct Statute, Title VI, or the OJP Program Statute, contact the Justice Department at civilrights.justice.gov.

What is the color of law?

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Under color of law" means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. What remedies are available under these laws? These are criminal statutes. Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

What are the types of law enforcement misconduct?

The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

Can you force police to investigate a case in West Virginia?

Generally, a person can not force the police to investigate a particular incident or a prosecutor to file charges in a particular matter. So, you should contact an attorney in West Virginia without delay to discuss what your options may be.

Do police departments have discretion?

Police departments have a lot of discretion in their decisions as to what crimes to investigate. The law recognizes that resources are finite and priorities must be established, and that not every reported crime merits the resources of a full follow-up investigation.That said, the police department should not (and ordinarily does not) refuse to take a report that, on its face, describes conduct that may constitute a...