339) Can I file a Complaint against a Cop / Police Officer? - #HaberPA Miami Criminal & DUI Lawyer
Channel: Michael Haber
Date: 2020-04-04

Thanks for asking me “Can I file a Complaint against Cop / Police Officer"?

When used as an auxiliary  verb - meaning, using the word “can” with another verb to form a question - such as “Can I file a Complaint against a police officer” - the answer is “yes”. If you think that you were mistreated by a police officer, or if you believe that a cop exceeded her or his mandate, then you’re perfectly free to go to the police station and file a formal citizen complaint against that officer. But whether or not you should do this, and if so, then “when”, is an even better question. 

I get asked this a lot, and I when I do I consistently remind my clients of Newton's 3rd Law of Motion (for every action, there is an equal and opposite reaction) and that there’s a solid reason for the adages that “revenge is a dish best served cold” and “if you mess with the bull you get the horns”.  The point is that while there may be a time to file a citizen complaint, doing so while the cop is a witness against you rarely works toward your benefit.

Why? Because in order for your complaint to be taken you’ll have to give sworn testimony, and if you were arrested then you’ll create two practical and potential problems for yourself:  1) Any statement that you make against your arresting officer is potentially incriminating evidence against you in your pending criminal case and 2) if you though that the cops had it in for you before you swore out an Internal Affairs complaint then just wait until they double down afterward.  So, before you go to IA, poke the proverbial bear and possibly incriminate yourself make sure to ask your lawyer for her / his blessing.

And whatever you do, if you decide to take to the internet or social media be careful not to publish any personal information about the officer. I don't know about your State but in FL you can be prosecuted for publishing any law enforcement officer's identifying info such as address, phone number, etc). 

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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