Carmen Gallardo
There are some rights and freedoms every individual in the United States has, which unfortunately the federal government, state and local authorities sometimes violate. When that happens, it is vital you hire a civil rights attorney Miami to protect your interests.
At Gallardo Law Firm, our attorneys specialize in handling legal rights violations. A civil rights attorney Miami can obtain large verdicts and settlements on your behalf in specific civil rights cases. In this article, we will cover some of these cases, including false arrest, excessive force cases, jail neglect & prison abuse, police misconduct, unlawful searches and seizures, malicious prosecution, and wrongful convictions cases.
If you have had your civil rights violated, you need an experienced civil rights attorney Miami by your side that will put you in a better position to succeed. A civil rights attorney Miami, with the resources and expertise required to fight for your rights zealously will hold the government accountable and will make sure you are fully compensated for all damages through civil rights litigation.
From unlawful discrimination to wrongful convictions, if your civil rights have been violated, you probably have several unanswered questions. However, it is vital you understand that only some rights are protected under civil rights laws as well as anti-discrimination laws.
Legal issues involving civil rights can be complicated to resolve on your own without the discerning advice of a civil rights attorney Miami. In essence, civil rights guarantee equal treatment of all individuals notwithstanding their background. These laws are meant to protect alleged victims based on protected characteristics at the federal, state, and local level.
We are equipped to handle a variety of civil rights violations. These civil rights cases can be complicated and a challenge to prove, mainly because they are brought against individuals in authority. Whether you need defense against charges or a civil rights attorney to protect your rights, we are committed to our clients and will use every legal means available to fight back against disrespectful and inappropriate behavior from individuals that have sworn to uphold the law.
The Florida civil rights act protects individuals based on race, color, sex, national origin, religion, handicap, or marital status. No person should be treated differently. Discrimination on the basis of certain protected characteristics, whether by employers or any other entity, is wrong and illegal. However, only some specific scenarios involving discrimination are protected by these laws. There are also protective discrimination laws regarding sexual orientation, weight, and other characteristics, which your civil rights attorney can explain in more details.
This is one of the most common charges brought against the police. Unfortunately, police officers abuse their power. False arrests are a violation of the Fourth Amendment, which protects individuals from unreasonable seizure. However, these rights are not violated if the arrest was defensive. If the police officer believes the individual committed a crime and the arrest is reasonable, chances are the officer cannot be sued. To win a false arrest claim and the civil rights lawsuit, you must show the police officer didn’t have probable cause.
It is unfortunate when victims suffer excessive force involving physical actions by the police such as hitting, kicking, and punching. Sometimes police officers use inexcusable and unnecessary force against victims to get their way. Even if the officer had good intentions, when the circumstances didn’t justify the use of excessive force, his or her actions are categorized as such. In other words, excessive force by police cases can be interpreted depending on the circumstances surrounding the situation or event. Civil rights violations by police are unacceptable behavior that should be taken to court with the help of a civil rights attorney.
The police department and jail are responsible for the well-being of inmates. When an inmate is mistreated and dies as a consequence of this brutality, the city or county is often liable for all the harm suffered, and they should compensate the victim or family accordingly. Jail can be a dangerous place where inmates don’t have much of a chance to complain. That’s why is so crucial that individuals suffering these low conditions, and abusive treatment hire a qualified Florida civil rights lawyer to represent them.
At Gallardo Law Firm we handle a variety of civil rights lawsuits stemming from incarceration:
Police misconduct includes a variety of unlawful and abusive police practices that may result in physical and emotional harm. All citizens are protected under federal and state law from such illicit actions, including civil rights violations by government officials. Victims who sue the police and win are generally awarded compensation for the damages suffered. The police department may have to pay punitive damages as well. Victims of police misconduct should arm themselves with the best legal resources and seek the advice of a civil rights attorney with specific knowledge and experience in constitutional rights violation cases.
If you are a victim of police misconduct there are some things you can do to build a robust civil rights case:
Individuals are protected from unreasonable searches under the Fourth Amendment. Also, police officers that obtain evidence through illegal searches or seizures can’t use this evidence. Evidence obtained via illegally property search is not admissible in court. The primary purpose of search and seizure law is to protect the individual’s right to privacy and from unreasonable intrusion. The only circumstances that allow these searches are:
There are times when a party has maliciously prosecuted individuals who claim their rights under the Fourteenth Amendment were denied. A malicious prosecution must meet some requirements including:
As long as the defendant can prove the malicious intent, he or she can claim damages with the help of a civil rights attorney. Some civil rights cases involve defamation caused by a malicious lawsuit including a damaged reputation or a lost business. In such cases, the defendant may qualify to receive compensation.
Wrongful convictions cases often involve incorrect information, misidentification, false confessions, and other malicious errors that may even lead to wrongful prosecution. If you are a victim of wrongful conviction, a civil rights attorney can use DNA evidence and forensic science together with other legal strategies to overturn wrongful convictions and recover compensations for the damages suffered.
Current Florida, civil rights law, defends individuals wrongfully convicted and imprisoned. In 2017, a billed that alters the “clean hands” requirement was passed. Individuals proven innocent of crime are allowed $50,000 in compensation. Even prior felonies will not affect this category of compensation as long as the accused suffered wrongful convictions and false imprisonment. It is best if you hire an excellent criminal defense to help you prove your innocence and determine your eligibility for such compensatory damages.
When an individual is convicted of a felony in the state of Florida, he or she will lose certain rights such as the right to vote, hold a public office, sit on a jury, and possession of a weapon. However, such individuals may qualify to receive clemency. This process helps convicted felons to claim their constitutional pardons by seeking restoration of civil rights after a felony conviction. But some rules that must be followed and only the Governor grants or denies clemency. Some of the most common types of clemency include:
The applicant can enjoy the restoration of civil rights under Florida law. This clemency, however, will not affect the applicant’s immigration status. If the applicant is not a citizen, he or she may have some rights and freedoms restored, depending on the circumstances. A civil rights attorney can help you figure out what’s the best course of action in such scenarios.
We are here to protect you from unconstitutional governmental conduct or police brutality. A Civil rights attorney Miami will make sure you have the right legal force on your side and help you recover rightful compensation. Our attorneys are very familiar with civil rights laws. They can help you determine whether or not your civil rights have been violated. We believe all individuals should be treated respectfully by those in authority notwithstanding the circumstances. For strong legal representation, contact us today.
