Last Updated on: 21st October 2023, 08:37 am

How a Criminal Defense Lawyer Can Challenge Your Civil Rights Violation Charges

Being accused of violating someone’s civil rights can be scary. The government takes these charges very seriously, and the penalties can be severe if your found guilty. But don’t panic – a good criminal defense lawyer can help you fight the charges and protect your rights.

Civil rights charges usually happen when someone acting under “color of law” – like a police officer or government official – violates your constitutional rights. Common examples are excessive force, false arrest, illegal searches, discrimination, and more. If your facing charges like these, here’s how an experienced defense attorney can challenge the case against you:

File a Motion to Dismiss

One of the first things your lawyer will probably do is file a motion to dismiss. This asks the judge to throw out the case because of some major flaw in the charges. For civil rights cases, common arguments are:

• The officer was acting as a private citizen, not under “color of law”
• Your rights weren’t actually violated
• The law is unconstitutionally vague
• Your conduct was justified

If the judge agrees with any of these arguments, they can dismiss the case and your off the hook. This happens more than you might think – according to one study, nearly 1 in 5 civil rights cases get dismissed. So don’t lose hope!

Suppress Illegally Obtained Evidence

If the police violated your rights gathering evidence, your attorney can ask the judge to suppress that evidence so it can’t be used against you. For example, if the cops searched your home without a warrant, your lawyer could argue that the search was illegal and all the evidence should be thrown out.

Suppressing evidence this way can totally sink the prosecutor’s case. In fact, illegal searches, seizures and interrogations are the most common reasons evidence gets suppressed according to one survey. So if the police cut corners investigating you, your attorney can use that to your advantage.

Put the Police on Trial

In many civil rights cases, the main witness against you is the arresting officer. Your lawyer can turn the tables by putting THEIR credibility on trial through cross-examination. By aggressively questioning the cop’s honesty and motives, your attorney can raise doubts about the whole case.

For example, your lawyer might grill the officer about:

• Their disciplinary record or past misconduct allegations
• Inconsistencies in their police reports
• Whether they’re biased or rushed to judgement against you
• Lies or misleading statements they made

If your attorney succeeds, the judge or jury may not believe the cop’s side of the story. And without the officer’s testimony, the prosecution will have a much harder time proving their case.

Claim Selective or Vindictive Prosecution

Let’s say the government is unfairly singling you out for prosecution based on your race, religion, or to retaliate against you for exercising your rights. This is called “selective” or “vindictive” prosecution, and it’s totally unconstitutional.

If your lawyer can show your being targeted this way, they can ask the court to dismiss the case. For example, statistics could show the authorities rarely prosecute white people for the same offense. Or records might reveal the police threatened to “make your life hell” if you filed a misconduct complaint.

Proving selective prosecution isn’t easy, but even the accusation can put pressure on the government and possibly lead to a better plea deal.

Dispute the Factual Allegations

Probably the most straightforward defense is to simply deny the prosecutor’s allegations. For instance, you might argue:

• You didn’t actually violate the victim’s rights
• You were misidentified
• You were somewhere else at the time
• You acted in self-defense

By challenging the prosecutor’s version of events, your lawyer can raise doubts about what really happened. They may also find witnesses and evidence that contradict the charges. This forces the government to prove their case 100% – which they may not be able to do.

Negotiate a Plea Bargain

Over 90% of criminal cases end in a plea deal – and civil rights prosecutions are no exception. If the evidence against you is strong, your attorney may try negotiating with the prosecutor for a lighter sentence.

Some possible outcomes include:

• Pleading to a less serious charge
• Getting charges dropped or reduced
• Avoiding prison time

The better your lawyer’s arguments against the charges, the more leverage they’ll have to get you a favorable bargain. Taking a deal can be tough to swallow, but it may be your best chance to avoid a harsh punishment.

Bottom Line

Civil rights charges can have devastating consequences if not properly defended. But an experienced criminal defense lawyer has many tools to challenge unconstitutional or exaggerated allegations. With strong legal arguments and aggressive negotiation, they can get charges reduced or dismissed, evidence thrown out, and put the government to their proof.

If your facing prosecution for violating someone’s civil liberties, don’t go it alone. Get an attorney in your corner who knows how to beat these charges – it could save your reputation, freedom, and future.

Sources:

• Deprivation of Rights Under Color of Law
• Federal Criminal Case Processing Statistics
• Attacking Overcriminalization Through the Fourth Amendment
• US v. Town of Shaw Mississippi
• Federal Justice Statistics, 2014