I was illegally stopped, coerced, and illegally arrested. My trial is scheduled for January of 2008 (so much for a speedy trial). How important is it for me to wait until this trial is over before I file a civil suit for Police Brutality, or is it OK for me to file this civil suit while I am waiting for my trial?
WELL YOUR STORY IS A BUNCH OF BUNK , the courts ar not going to have your trial 8 months from now , i can promise you that
February 28th, 2010 at 7:05 pm
mmm. It sounds like you have a lawyer and I would wonder why the hell wouldn’t you ask him or her?
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February 28th, 2010 at 7:48 pm
What did you do?
We, Po-Pos, don’t like criminals. Beating will continue until your behavior improves.
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February 28th, 2010 at 8:02 pm
Absolutely, don’t wait.
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Me, retired Police Officer
February 28th, 2010 at 8:15 pm
File a brutality suit, & you will probably not ever have to worry about going to trial. Chances are, it will be one of the very last things you ever do.
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February 28th, 2010 at 9:05 pm
File suit now, if you wait til later it will look like you’re doing it for spite.
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February 28th, 2010 at 9:34 pm
Your allegations should be contained in your case if you can prove them.. As for a speedy trial, unless you signed a waiver, your trial must be held within six months of your indictment.
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February 28th, 2010 at 9:45 pm
actually the longer you wait, the more it will look like it did not happen, and if you wait too long there is a possiblity a SOL issue can even happen, you should have started it ASAP after it happened.
next of course if your attorney could have proved an illegal stop, then all of the envidence of the crime would have been thrown out, so it is not an illegal stop, and not an illegal arrest, unless the jduge rules it is.
Next you did not mention what brutality was invovled
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February 28th, 2010 at 10:05 pm
Depending on where you are, you may not be able to bring your civil suit until the charges are resolved ("resolved" has different definitions). Also, you may have both a state and a federal claim, which have different requirements.
It may be advantageous to file before your criminal case is over if you think you may be convicted. If you may be acquitted, the acquittal (or dismissal) may help your civil case.
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February 28th, 2010 at 10:31 pm
WELL YOUR STORY IS A BUNCH OF BUNK , the courts ar not going to have your trial 8 months from now , i can promise you that
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February 28th, 2010 at 11:14 pm
Depends on the laws of the state. If you’re in NJ you must file a notice of tort upon the municipality within 90 days. Sounds like you’re past that date.
Regardless of where you are, it’s best not to wait. Speak to an attorney right away; there’s plenty of leaches that will take the case for a large percentage of the award.
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