Know Your Rights: Police Misconduct

If you believe the police have engaged in misconduct against you, there are a few options you can consider to address your concerns. Of course, we cannot say whether any of these actions are appropriate or will be effective in your individual situation. And, while no one should be subjected to retaliation for filing a complaint, we cannot guarantee that some form of retaliation would not follow.

CAUTION: If you have been charged with a crime and those charges are still pending, we encourage you to talk to your criminal defense attorney about whether it is wise to take any of the steps discussed below unless and until the criminal charges are resolved. Your attorney is in the best position to know whether challenging police misconduct is a good criminal defense strategy or whether a challenge could hurt your case.

It is important to know that a complaint or talk of a lawsuit against the police may hurt your criminal case. Criminal defendants have the right to remain silent, but you can lose that right, for instance if you talk to police internal investigators about an internal complaint. A complaint may also give the police department extra incentive to prepare your case more thoroughly to try to convict you. These are just some of the reasons you should talk to your criminal defense attorney about whether you should take any action.

Updated February 2023