Birmingham's Experienced Malicious Prosecution Lawyer
Speak with a Birmingham police brutality attorney if you experienced excessive force, racial profiling, false arrest or malicious prosecution. Do you feel that you have been on the wrong side of law enforcement procedures? The Marcel Benavides Law Firm is proud to offer representation to individuals who have been the victim of police misconduct. Our founding attorney has experience as a former in-house legal counsel for the Chicago Police Department.
During this time, our attorney was involved defending officers who were accused of misconduct. This insider's view and unique understanding of law enforcement proceedings can be beneficial to individuals who have been the victim of false arrest, malicious prosecution, excessive force, or police brutality. We offer a contingency-only fee contract for police misconduct victims, meaning you don't pay us unless we win.
By choosing The Marcel Benavides Law Firm, you can benefit from:
- 15+ years of trial advocacy experience
- Free initial consultations that last up to 60 minutes
- Insider's perspective into law enforcement proceedings
- Working with an attorney who is highly recommended by clients
- Experience backed by thousands of misdemeanor and felony cases
- A proven record of success in and out of court
Birmingham's Most Trusted Police Misconduct Attorney
Are you the victim of false arrest (and subsequently false imprisonment), use of excessive force (police brutality), malicious prosecution, racial profiling or any other type of police misconduct?
Police misconduct occurs when an officer violates protocol and is overly aggressive or abusive to a civilian. Police misconduct can happen during the initial point of contact, during an arrest, or even during the interrogation that occurs after the arrest. Whether this is physical, verbal, or emotional abuse of civilians, there are many ways an officer may take their position of authority too far.
At The Marcel Benavides Law Office, we fight tirelessly for victims of police misconduct. Our attorneys understand that you have just been through an incredibly traumatic experience and may have questions about what to do next. No matter how complex the case may be, by choosing to work with us, you can be confident that you have a team backing you that will do all it takes to see that justice is restored on your behalf.
There are numerous examples of police misconduct, including but not limited to:
- False arrest
- False imprisonment
- Malicious prosecution
- Deliberate indifference (ignoring medical needs while in custody)
- Use of excessive force (police brutality)
- Illegal search and seizure
- Racial profiling
- Selective enforcement of power
- Taser abuse
- Unnecessary shootings
- Use of coercion or force to obtain a confession
Over our 15+ years of service, we have represented countless false arrest victims, and we always put our best foot forward in ensuring that the rights of our clients are protected. No individual should have to sit in a jail cell for an invalid reason, and our team works tirelessly to restore justice on behalf of the individuals who have been forced to do so.
What is false arrest and malicious prosecution?
False arrest is when an individual's liberty or freedom is unlawfully restrained. A law enforcement officer needs to have more than just a suspicion before making an arrest, there must be "substantial chance" that criminal activity has occurred. Malicious prosecution is the act of charging an individual with a crime without probable cause, or with the knowledge that the suspect is innocent.
There are many reasons that an officer might make a false arrest, such as:
- Lack of probable cause
- Misidentification of the suspect because of sloppy investigation work
- Malicious intent (i.e. the officer's attempt to frame the suspect)
If the defendant is able to get the undeserved charges resolved in his or her favor, he or she may be eligible to file a prosecution lawsuit against the law enforcement agency. Should you choose to retain our representation, we will do everything we can to help right the wrong that has been done against you. Our founder is a former legal counselor for the Chicago Police Department, giving him an insider's perspective into how police cases are handled. This gives our clients an advantage, as we are able to predict the actions the opposing side may take, and counteract them.
Result: Client received a nearly six-figure settlement.
Our client told every single officer that he came into contact on the day of his arrest that they were arresting the wrong individual on an outstanding warrant. Every ranking officer said to not worry since the booking room fingerprinting process would prove if he was the wanted individual. Unfortunately, this identity crisis went unchecked for over 20 days while he sat in the Wayne County Jail. It was not until his criminal defense attorney was able to obtain a court ordered fingerprint analysis that he was able to prove that he was the wrong guy.
The case was referred to us for civil litigation. Upon filing our civil lawsuit, the officers argued that it was just an honest mistake. That is until I exposed that there was a record in existence at the police department on the night of his arrest that actually showed that he did not match the fingerprints of the wanted individual. We obtained nearly a six figure settlement in this case.
Result: Client received handsome settlement.
Our client was at his home in Pontiac, when the Auburn Hills Police Department officers decided to break down his door, without a warrant or exigent circumstances and viciously attack him to simply ask him questions about a misdemeanor offense. The officers immediately requested to settle this matter as there was no doubt that our client's Constitutional Rights were violated.
We Specialize in Getting Justice for Victims of Police Misconduct
Although you may be feeling overwhelmed at the situation, you are not alone. At The Marcel Benavides Law Office, we have a proven track record of success, and all our police cases are filed on a contingency fee basis. This means that our clients owe us nothing unless we win their case. You have no reason to wait, and every reason to begin your case today. Contact our firm to schedule your free case evaluation.