New York Civil Rights And Criminal Defense Lawyers

Does police misconduct lead to convictions?

On Behalf of | Friday Jul 9, 2021 | Police Misconduct

Interactions with the police may result in arrest. Regrettably, some defendants find themselves in a New York criminal court due to police misconduct. Although the accused have rights, those rights may end up violated when false evidence and perjury impact the proceedings. Victims of gross police misconduct might take civil actions while also addressing the misconduct in criminal court.

Instances of police misconduct

While mistaken identity and faulty eyewitness testimony might account for many wrongful convictions, official misconduct factors more than the average person realizes. The percentage of wrongful convictions derived from police misconduct may prove shocking. The National Registry of Exonerations reports that 35% involve police misconduct and 30% involved prosecutorial misconduct.

Misconduct could take several forms, including the police planting evidence on a suspect or a prosecutor withholding exculpatory evidence. Such overt actions are not the only examples, though. A police interrogation may involve leading someone to identify an innocent person. Making unacceptable or impossible promises to a scared suspect to secure a confession could happen, as well.

Committing perjury during a trial might lead to a conviction based on false testimony. In some cases, the accused may face charges for a crime that never occurred, a situation that may derive from a victim’s false accusations. The police or prosecutor could play a role in making up the crime, too.

Dealing with civil rights violations

Violations of civil rights/police misconduct incidents could ruin someone’s life. Proving misconduct might result in the dismissal of charges during the initial trial. Hopefully, a wrongful conviction may face a reversal on appeal after proving the misconduct. The falsely accused could then explore options for a civil lawsuit against those liable for any corruption.

An attorney may consult with someone who feels the police engaged in civil rights violations. The attorney might advise on specific actions worth considering.