Legal Question in Criminal Law in California
Police and crime
If a police officer runs a red light and kills a family while illigally moon lighting. Can the family sue the city and what crimes can the cop be charged with
3 Answers from Attorneys
Re: Police and crime
Crimes are pursued by the DA, not you.
You get to file civil suit. Whether the city is liable, in addition to the officer, is going to be decided in court by a judge or jury. Unless you know how to practice civil litigation in the legal system, get an attorney that does. Feel free to contact me if serious about doing so; I've been doing these things for over 30 years.
Re: Police and crime
I am sorry this happened to you. The next of kin will need to call an attorney right away so that evidence can be preserved. There are very short legal time limits in these cases. If there's any way I can help, please call anytime.
Re: Police and crime
Ordinarily the city would not be responsible for the actions of an off-duty employee. There may be circumstances under which it would be liable, but without any details about this accident I have no reason to believe such circumstances are present here. The employer for whom the officer was working at the time of the accident, however, may be liable.
You should meet with a lawyer as soon as possible to discuss your case and to determine whether you have any claims against the city. As Mr. Stone has mentioned, there are strict time limits to such cases and special procedures which must be followed for government entities can be sued. Do not delay, as your time may be very short.
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