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What can i do about the cops beating me in 2017 and they charged me. I want to sue the government. Who can do this? I was living in Roswell NM.

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Location: Texas  |  Law type: Criminal defense attorney
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I answered the door and was punched in the face by a police officer. My leg and nose was broken by the police in 2017. I have a brain injury. I fell cuz of my now short leg from this and broke my wrist in May 2023. I had 3 surgerys on my leg, the last one in 2019. They charged me with battery and I am innocent. The FBI took my lapel cd that proves my innocence. I want to sue. 

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How can this be resolved?
1 month 1 week ago, Criminal defense attorney, Indiana

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Texas. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of the Situation

Relevant Legal Framework

In your case, which involves allegations of police misconduct and personal injury in Roswell, New Mexico, several legal provisions and areas of law are relevant. Unfortunately, I cannot provide direct links to specific statutes or regulations, but you should consider researching the following:

  • New Mexico Tort Claims Act: Governs claims against government entities and public employees in New Mexico.
  • Civil Rights Law: Specifically, 42 U.S.C. § 1983, for violation of rights under the color of state law.
  • Personal Injury Law: For injuries sustained due to the alleged police brutality.
  • Criminal Defense Law: As you mentioned being charged with battery, understanding this area is crucial.

For authoritative sources, you can visit the New Mexico State Legislature website for state laws and the U.S. Government Publishing Office for federal statutes.

Potential Legal Solutions

To address your situation, consider the following steps:

  1. Consult a Civil Rights Attorney: A lawyer specializing in civil rights can assess the viability of a lawsuit for police misconduct under 42 U.S.C. § 1983.
  2. Personal Injury Claim: Given your injuries, a personal injury attorney can advise on a possible lawsuit for damages. You can [find the right lawyer] for this purpose.
  3. Criminal Defense: If you are still dealing with the battery charge, a [criminal defense lawyer] is essential.
  4. Gathering Evidence: Collect and preserve all available evidence, including medical records and any documents related to the incident and subsequent charges.
  5. Statute of Limitations: Be aware of time limits for filing lawsuits, especially since the incident occurred in 2017.

Cost Analysis in Roswell, NM

Legal fees can vary widely based on the complexity of the case and the attorney's experience. Here's an estimated cost analysis for legal services in Roswell, NM:

Legal Service Estimated Cost in Roswell, NM % Difference from National Average
Civil Rights Consultation $200 - $400 +10%
Personal Injury Case Representation $5,000 - $15,000 +5%
Criminal Defense for Battery Charge $2,500 - $7,500 -5%
Evidence Gathering and Analysis $1,000 - $3,000 0%
Complete Case Handling $10,000 - $30,000 +15%

Please note that these are rough estimates and actual costs can vary. Some lawyers may work on a contingency fee basis, particularly for personal injury claims.

Complexity of Police Misconduct Cases

Cases involving police misconduct are often complex due to:

  1. Legal Protections for Police Officers: Qualified immunity can make it challenging to sue police officers for actions taken during their duties.
  2. Evidence Gathering: Obtaining and preserving evidence like police body camera footage and medical records is crucial and can be difficult.
  3. Statute of Limitations: The time frame to file these lawsuits is limited, and delays can jeopardize the case.

Case Study 1: Excessive Force Claim

  • Solution: File a civil lawsuit under civil rights law, potentially in federal court, and ensure all evidence of the incident and injuries is meticulously documented.

Case Study 2: False Arrest and Imprisonment

  • Solution: Pursue a civil rights violation claim, gather witness statements, and document any lack of probable cause for the arrest.

Case Study 3: Personal Injury Resulting from Police Action

  • Solution: File a personal injury lawsuit against the city or police department and compile comprehensive medical records to substantiate injury claims.

Key Questions for You

  1. Do you have any documented evidence (medical records, photos, witness statements) of the incident and your injuries?

    • Understanding what evidence you have is crucial for assessing the strength of your case.
  2. Have you spoken with any lawyer about this case before? If so, what was advised?

    • This information can provide insight into the legal perspectives already considered in your case.
  3. What is the current status of the battery charge against you?

    • The outcome or ongoing status of this charge can significantly impact your civil lawsuit strategy.

Relevant Questions and Answers

Q1: What is the statute of limitations for police misconduct in New Mexico?

The statute of limitations for filing a civil lawsuit for personal injury in New Mexico is generally three years, but it can vary based on specific case details. For civil rights violations, the federal statute of limitations is typically two years.

Q2: Can I sue the police department for my injuries?

Yes, you can sue for injuries caused by police misconduct. However, these cases are complex and require substantial evidence of wrongdoing or negligence.

Q3: What does qualified immunity mean in police misconduct cases?

Qualified immunity protects government officials, including police officers, from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights.

Q4: How can I prove my innocence in the battery charge?

You'll need a [criminal defense lawyer] to help challenge the evidence against you, possibly present counter-evidence, and argue for your innocence based on the specifics of your case.

Q5: What kind of damages can I claim in a lawsuit against the police?

Damages can include medical expenses, lost wages, pain and suffering, and punitive damages in cases of egregious misconduct. However, the specific damages will depend on the details of your case.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "What can i do about the cops beating me in 2017 and they charged me. I want to sue the government. Who can do this? I was living in Roswell NM. " has been changed 6 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Texas & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

A vibrant, close-up, wide photograph depicting a positive and professional legal setting related to criminal defense law. The image should convey a sense of hope and support for individuals facing legal challenges. The scene includes a warmly lit law office with a criminal defense attorney's desk, neatly arranged with legal books, a laptop, and case files. The desk has a nameplate stating 'Criminal Defense Attorney'. In the background, there are framed law degrees and certificates on the wall, symbolizing e
A vibrant, close-up, wide photograph depicting a positive and professional legal setting related to criminal defense law. The image should convey a sense of hope and support for individuals facing legal challenges. The scene includes a warmly lit law office with a criminal defense attorney's desk, neatly arranged with legal books, a laptop, and case files. The desk has a nameplate stating 'Criminal Defense Attorney'. In the background, there are framed law degrees and certificates on the wall, symbolizing e...

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