Civil rights attorney Miami

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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.

What Are Your Civil Rights?

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.

Civil Rights Violations Our Attorneys Handle

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.

Unlawful Discrimination

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.

False Arrest (Unlawful Arrests)

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.

Excessive Force Cases (Police Brutality)

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.

Jail Neglect & Prison Abuse

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:

  • Medical neglect – This is when inmates don’t receive adequate medical treatment or when they are not administered essential medicines.
  • Assault – Inmates sometimes suffer excessive beating by jail personnel. Violent inmates may also have their way when jail authorities fail to respond to incidents of physical abuse.
  • Unjust and harsh punishment – This is when inmates don’t receive adequate nutrition, experience sexual abuse, unlawful punishment, or they are retaliated against when reporting abuse.
  • Mental illness – Inmates struggling with mental problems should receive psychiatric assistance. Failure to do so is illegal.
  • Lacks of supervision – Sometimes jails are unsupervised, which promotes more cruelty and abuse among inmates or by jail personnel.

Police Misconduct

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:

  • Contact a civil rights attorney to help you understand your rights.
  • Take photographs or film relevant evidence. You can also keep clothes or any other objects that were damaged as a result of the misconduct. Locate witnesses and find relevant video footage perhaps in nearby buildings with surveillance cameras.
  • Write down everything. Forgetting essential details linked to the incident is easy. Victims should record relevant information such as the police officer’s name, patrol number, badge/shield number, and so on.
  • Seek medical treatment as soon as possible. That’s a great way to prove that the injuries are linked to the police misconduct. Also, injuries should be treated to ensure prompt healing. Victims should focus on recovery while a civil rights attorney handles their case.
  • Report the incident to the police department and file a complaint so that a full investigation can begin.

Unlawful Searches and Seizures

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:

  • The police or authority has a warrant.
  • The circumstances allow a search without a warrant.
  • The individual being searched consents to an unreasonable search.

Malicious Prosecution

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:

  • The party initiated a criminal proceeding.
  • The proceeding didn’t lead to a conviction.
  • Lack of probable cause.
  • The proceeding was malicious.

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

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.

Restoration of Civil Rights - How Our Attorneys Can Help You

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:

  • Full pardon – The accused will receive a full pardon for any Florida convictions. That includes the right to own, possess, or use firearms.
  • Pardon without the right to own weapons – The individual is released from all punishment and guilt yet he or she will no longer have firearms authority.
  • Pardon for a misdemeanor conviction – The person is freed from punishment and guilt.
  • Commutation of sentence – This category does not restore any civil rights but instead changes the penalty or punishment to one less severe.

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.

Contact a Civil Rights Attorney Miami from Gallardo Law Firm

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.