Police Brutality Attorney in Queens
When law enforcement arrests you for a crime, you still have fundamental civil rights. Experiencing police misconduct during an arrest or while in custody is shocking, deeply violating and unacceptable. If you suffered injury or mistreatment at the hands of law enforcement officers or jail personnel, an experienced advocate can help hold them accountable.
My name is Luke Scardigno. As a criminal defense lawyer, I fight for the rights of my clients in Queens and across New York City. With more than 30 years of legal experience, I have the trial experience to stand up to law enforcement and government overreach. My office, the Law Office of Luke Scardigno, is located across the street from the Queens County Criminal Courthouse in Kew Gardens. I make myself easily accessible by phone and offer a free consultation to discuss your case.
What Is Police Brutality?
Police brutality is the use of willful and excessive force by a law enforcement officer against a criminal defense suspect. Officers use excessive force when they use more power than necessary or reasonable to take someone into custody, control a situation or maintain order in a jail. It is a severe form of police misconduct and a violation of your civil rights.
This issue is not limited to physical violence during an arrest. Police brutality can take many forms, including:
- Physical assault: Punching, kicking or using batons and tasers when you pose no threat is excessive force.
- Improper use of restraints: Handcuffing you too tightly or using unnecessary painful restraints can be police brutality.
- Mistreatment in jail: Denying you necessary medical care while in custody or using excessive force during a cell search can violate your rights.
- Verbal threats and intimidation: Officers using threats to coerce you into making a confession or waiving your rights can be considered police brutality.
- Wrongful death: When an officer’s intentional or negligent use of force results in the tragic loss of a life, there is evidence of police brutality.
If you have experienced police brutality, you may have a right to pursue a claim for personal injury and a civil rights violation.
What Kind Of Evidence Is Needed To Show Police Brutality?
To build a case for police misconduct, you need compelling evidence that directly proves the officer used excessive force. I work quickly to gather and preserve all relevant facts that prove your claim. Some of this evidence can include:
- Medical records: Immediate treatment and documentation of your personal injury by doctors or hospital staff provides objective proof of the harm you suffered.
- Witness testimony: Statements from people who saw the incident, including bystanders, other detainees or even fellow officers, are critical.
- Photo and video evidence: Cellphone video, surveillance camera footage, body camera recordings and photos of your injuries are powerful proof of excessive force.
- Internal reports: Internal law enforcement records related to the incident, the officers involved and past complaints of misconduct are also evidence.
If you were a victim of police brutality, you must document everything. As your defense lawyer, I will immediately begin an investigation. The goal is to protect crucial evidence and use it to your advantage. If the case involves a wrongful death, I act swiftly to secure all available information.
How Can A Police Brutality Lawyer Help?
When law enforcement officers cross the line and engage in police misconduct, you have two separate legal battles. First, you have to fight the underlying criminal charge. You also have to fight for justice against the police.
As your criminal defense lawyer, I will prepare an aggressive defense against the initial charges. If officers used excessive force or violated your rights, I can argue that the arrest was illegal due to police brutality. Additionally, I can pursue a personal injury or civil rights lawsuit against the officers or agency to hold them accountable.
Learn How I Can Help You
I understand the fear and anger that come with being a victim of police brutality. I will help you understand your options and develop a strategy designed to protect you in both the criminal and civil arenas. With a long history of proven results, I defend clients across all five of New York City’s boroughs.
I offer my clients free initial consultations. You can schedule your free appointment by calling my office at 718-414-6186 or by sending a message. With reasonable fees and affordable payment plans, I also have Spanish, Italian, and Greek translation services available. Let me provide you with immediate guidance and protect your rights.