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What is police misconduct in Maryland?

On Behalf of | Jul 16, 2021 | Criminal Defense

Police officers in Maryland have the responsibility of protecting and serving the community. However, some police officers cross the line and violate the rights of civilians, and the aftermath could be worse if you don’t know that they are violating your rights. Take a look at what constitutes police misconduct and what you can do about it.

What is meant by police misconduct?

Police misconduct is when an officer takes any illegal or inappropriate actions toward you in connection with their official duties. Misconducts can include discrimination, false arrests, brutality, failure to protect and serve, etc. Moreover, criminal defense law protects you by thwarting the use of excessive force in the arrest process.

What are different types of police misconduct?

  • Malicious prosecution – If a police officer had no probable cause to make the arrest, their malice toward you drove the trial, the officer initiated the proceeding, and the proceeding ends with no convictions, then you have the right to sue for police misconduct.
  • False arrests – If a police officer unlawfully restrains you against your will or they don’t have any justification or legal authority to arrest you, it may be a false arrest. Also, another form of false imprisonment could be when a police officer restricts your right to movement against your will or without legal reason.
  • Use of excessive force – It doesn’t matter what the officer’s motivations or intentions were if their actions resulted in physical harm. They should not use excessive force on you that could cause physical injury or even death while legally arresting you.
  • Failure to protect and serve – The law requires police officers to protect and serve you. If an officer is violating your rights while other officers are just watching and doing nothing to help you, they are breaking the law.

If you have been a victim of any unlawful action by the police, you should consult with a criminal defense attorney to get justice. The process may be challenging to handle on your own because you must gather sufficient evidence that proves misconduct. Otherwise, the officer could be immune from prosecution, or whatever they illegally find while convicting you might be used against you in court.