August 12, 2024
Official Oppression: Understand Your Legal Rights
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
Official oppression, or “official misconduct,” “misconduct in office,” or “willful misconduct” as it is more commonly known, refers to the abuse of power by a public official, typically involving the unlawful exercise of authority or the violation of an individual’s constitutional rights. This can manifest in various forms, such as police misconduct, unjust arrests, or the use of excessive force.
If you are unsure about whether you have experienced official oppression or not, don’t hesitate to reach out to a Police Brutality Lawyer at Pointer & Buelna, LLP.
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What is Official Oppression?
Official oppression includes actions like unjust arrests, police misconduct, or the use of excessive force. Public officials, including law enforcement officers, have a duty to protect the public and uphold the law. When they abuse their power, it causes serious harm and injustice to innocent people.
How is Official Oppression Prosecuted?
The prosecution of official oppression involves gathering evidence to establish the abuse of power or violation of constitutional rights. This includes witness statements, video footage, and other supporting x. The district attorney in your jurisdiction will have the final say in whether this misdemeanor gets prosecuted or not because, technically, the State of California is the victim, not you personally. If you have not filed a police report, our California police brutality attorneys can guide you in presenting the facts in the best light.
Penalties and Punishments for Official Misconduct in California
In California, this crime can be charged as a misdemeanor or felony offense, depending on the circumstances. Misdemeanors can result in penalties such as fines, probation, and community service. Felony offenses can lead to more severe consequences, including imprisonment. The specific penalties will be determined by the court based on the facts of the case.
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Common Defenses Against Official Oppression Charges
What might the police officer or government official say in court against your claims? Common defenses against official misconduct include asserting that the actions were within the scope of the official’s duties, showing a lack of intent to violate constitutional rights, or questioning the credibility of witness testimony. You’ll need to hire a criminal defense lawyer, which is not something our police brutality attorneys offer at Pointer & Buelna LLP.
Official Misconduct and Civil Rights Violations
If, on the other hand, you are the victim of official misconduct, your civil rights have no doubt been violated—and this is what we focus our law practice on. When a public official abuses their power, it can result in loss of your right to due process, unreasonable searches and seizures, or cruel and unusual punishment. Official misconduct and civil rights violations often overlap.
Contact a Police Brutality Attorney For a Free Consultation Today
If you have been a victim of official oppression or police misconduct, Pointer & Buelna, LLP, Lawyers for the People, is dedicated to protecting your rights. Our team of conscientious, considerate California Police Brutality Attorneys understands the complexities of police brutality and willful misconduct cases. To book a free case review and legal consultation, reach out to our offices now.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
