Can I sue if an off duty police officer attacked me? 5 Answers as of May 31, 2011

I spent 1 year in the county, I was charged w attempted murder, because an off duty cop attacked me. They ruined my life! Please tell me what to do. Thank you

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Upon being convicted, you might have had a right to appeal, if filed timely, and if you had valid legal grounds to do so. Its likely too late to do so, and I can offer no opinion on whether you had legal grounds or likelihood of success. Appeals are extremely costly and seldom successful. You also might have had a technical right to sue the officer and department, if your claim was filed timely, and if you had valid legal grounds to do so. Its likely too late to do so, and your conviction probably meant you could not win the civil suit. Government immunity from lawsuits is difficult to overcome, and such lawsuits are expensive. Accept that it is over, and move forward with your life. You can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 5/31/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What you can and cannot do depends on the status of your case. You should speak with an attorney who regularly sues the government in 1983 actions.
Answer Applies to: California
Replied: 5/31/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You have provided enough details to adequately respond. Did you go to trial? Were you held because you could not post bail? What happened with your case? Suing an off duty officer is difficult. The same applies to any police or county agency. More info is needed.
Answer Applies to: California
Replied: 5/27/2011
The English Law Firm
The English Law Firm | Robert English
If you were convicted of the crime of attempted murder, it is pretty unlikely that you have a valid lawsuit against the cop for attacking you. If you were acquitted, then you could possibly have a case, but it would depend on the facts.
Answer Applies to: California
Replied: 5/27/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You need an attorney. If you are being charged with attempted murder get an attorney now. Without more information it is impossible to determine if you have a suit.
Answer Applies to: California
Replied: 5/27/2011
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