One issue that arises in Criminal Defense cases is: Can Police Brutality be a defense in my Criminal Defense case? The answer is it depends. The fact that the police used physical force to beat up a defendant is certainly almost always relevant in a criminal defense case. assault crimes But it might not be enough equate to reasonable doubt. Typically the most important issue in terms of police brutality is when did the police brutality take place. Specifically, police brutality is not relevant when the police used excessive force on a criminal defendant when they arrested him for a crime such as a robbery or burglary that happened several days before. The reason for this is the use of excessive force in that instance does not change the fact that the defendant committed an earlier robbery. Specifically, there might be several eye witnesses who claim that the defendant robbed a pizza delivery man and the pizza delivery man himself might be able to identify the defendant as the man who robbed him. Accordingly, the fact that the defendant was beat up when he was arrested by the police does not change the fact that the witnesses claimed he committed a robbery.
There are instances when police brutality does matter in criminal defense cases. Specifically, police brutality matters when the defendant claims that he only consented to a search of his car or house or confessed to a crime because the police were hurting him. furnishing alcohol In order for a confession or consent to be legally binding, the government must prove that the defendant’s consent was voluntary and intelligently given. Clearly this would not be the case if the defendant consented to a search so that the police would stop inflicting pain upon him. Make sure to contact the Police Brutality Lawyers at the Law Offices of Kelly & Conte today if you believe you were the victim of police brutality.