case can I sue the police department

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case can I sue the police department

police came to my location and
I was arrested and beat by the
police officers while
handcuffed on the floor got
tased two times and received
punches and blows and have
lacerations to my head and face
I never had my Miranda rights
read and my charges is
resisting arrest my next court
date is July 19th what can I do

Asked on July 6, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Retain an attorney--that's what you do. The lawyer can help defend you from the charges (for example: if you were never read your rights but said something incriminating, the lawyer can likely get your statement thrown out; if there was no grounds for trying to arrest you in the first place, the lawyer may be able to get the case thrown out entirely; etc). The lawyer can also sue the police if there is reason to think they acted maliciously or otherwise knowingly wrongfully: the police are generally not liable for simple mistakes (the law gives them that protection because otherwise they could not do their job), but can be liable when they intentionally do something wrong.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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