Legal Question in Criminal Law in California

is he above the law because he is

if only you and the officer are present during an arrest and later he claims his camera fails to record any of it ....what can you do its your word against his.....for instance lets say the cop is trying to solve--name removed--crime and is looking for--name removed--suspect gets--name removed--little too ansy and tazes the first person he sees turns out this is not who he was looking for but still--name removed--valid arrest is made and he needing to justify his tasing he then states in the report that there was an altercation and this person fought with him and that justifies his unnessary use of his tasergun


Asked on 7/02/08, 12:26 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: is he above the law because he is

Unfortunately, if it's the cop's word against your word, often there is not much you can do. However, a lawyer sometimes can find and prove inconsistencies and even lies in cop's report and testimony and show him to be a liar. There is also something called the Pitchess motion where a defendant can find out whether in the cop's personnel file there is information and reports about similar improper past conduct by the officer. Such information could be used to attack and undermine the officer's credibility with respect his version of events in the present case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/02/08, 3:27 am


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