Miami Civil Rights Lawyer

Civil rights in America are grounded on the notion of equality. But occasionally, we experience injustice, whether it’s based on race, sexual orientation, disability, or religion.

If you think you’ve been discriminated against in any way, a Miami civil rights lawyer can help you understand your legal rights, explain how the law applies to your situation, and assist you in enforcing those rights. The lawyers at Fischer Redavid PLLC are here to help you find justice and closure when your civil rights are abused. 

Types of Civil Rights Violations

When you’re facing a civil rights claim, you need to know what type of claim you’re facing to determine your next steps. A civil rights violation is any abuse or denial of the basic rights you’re afforded as a resident of the United States, but what does that mean? 

Here are some specific case types you may be facing. 

Discrimination at School and Work 

Teachers and school officials are not allowed to harass, bully, or use corporal punishment on students. If you suspect that your child has been unfairly discriminated against by anyone at their school, then you may need to speak with a civil rights lawyer in Miami to end the abuse.

The same goes for adults who are discriminated against at work. It is illegal for your employer to discriminate against you because of your race, age, gender, age, disability, religion, or even political views. However, people are routinely overlooked for a promotion or get fired based on the color of their skin or whether they vote Republican or Democrat.

Wrongful Arrest or False Imprisonment

A civil rights lawyer in Miami can help you with wrongful arrest in two ways. First, we can help you to get financial compensation for your damages. Second, a civil rights attorney in Miami can help you make sure that the police are held accountable for their actions.

If you have been arrested and detained without probable cause, then you will likely be able to sue the police department and possibly even the arresting officer or officers involved. In order to do this successfully, however, it is important that you have a Miami civil rights attorney with a solid track record.

Excessive Force Violations

Excessive force is any action taken by a law enforcement officer that exceeds the bounds of proper police procedure or violates constitutional rights. The Supreme Court has ruled that any use of force by law enforcement must be reasonable under the circumstances and conform to constitutional standards. 

In other words, if an officer uses more force than necessary to make an arrest or defend themselves from harm, then this can be considered excessive force under the law and you should consult a civil rights lawyer in Miami FL about that officer’s actions. 

Most cases involve issues with police brutality or police shootings, but there are a number of different situations where excessive force may occur during an arrest or detention:

• Strikes with weapons
• Excessive use of pepper spray
• Blows to the head
• Kicks and punches
• Using tasers or stun guns

In instances of excessive force, the combination of some kind of bias or racial profiling and weapons or physical force can be a toxic cocktail.

If the police have used excessive force against you, it’s important to call a civil rights lawyer in Miami FL immediately. because excessive force can sometimes result in serious injuries or even death. We can help you understand your rights and options for filing a claim and we have the best civil lawyers in Miami to help you get compensation for your injuries.

Unlawful Search and Seizure

For the police to legally search your home or property, they must have probable cause to believe that there is evidence of a crime on your property. This means that they need to have some reason to suspect that there is something illegal in your home or car before they can conduct a search.

The Fourth Amendment states that no warrants can be issued unless there is probable cause for them. This means that if an officer does not have probable cause for searching your home or property, then any evidence that they find cannot be admitted in court because it was not legally obtained.

Here are some descriptions of illegal searches and seizures that could occur during an arrest.

• No Warrant – A warrant is a court order that allows police to search your home or office. A search warrant can be issued only if there is probable cause to believe that criminal evidence will be found. If the police do not have a warrant, any items seized during the search may be inadmissible in court.
• Police Failed to Follow Instructions – For instance, if the search warrant allows them to look in your bedroom for illegal drugs, they’re supposed to confine their search to the bedroom only. Any evidence seized outside of the bedroom is not admissible in court because it was obtained illegally by the officers.
• Racial Profiling – You may have been a victim of racial profiling if you were unfairly targeted by the police because of your race or ethnicity. While racial profiling is illegal, it still happens every day. Your Miami civil rights attorney can help you gather evidence of racial profiling and get justice. 

How a Civil Rights Lawyer Can Assist You

The first thing that a civil rights lawyer in Florida will do is look at the circumstances surrounding your case for evidence. If they find your civil rights were ignored, they can begin working on your case. 

In order to hold people accountable for their actions in a civil rights claim, it’s crucial to collect evidence, which can include:

• Eyewitness accounts
• Ignored instructions on a warrant
• Video footage showing an officer using excessive force 
• A police report that contains false statements or omissions of facts

It is important that you contact a civil rights attorney in Miami immediately so that we can assist in helping you file a lawsuit against the officer who arrested you without cause or reason. Our experienced staff will review all of your evidence and let you know what steps should be taken next so that justice can be served appropriately.

Miami Civil Rights FAQ 

When you’re dealing with a civil rights claim, you may have more questions than answers. Civil rights law is complex, and you may not be sure you have a solid case. 

If you have questions, a civil rights lawyer may be your best resource for answers. Reach out to a lawyer for help, and check out the following common questions in the meantime. 

How do I file a civil rights complaint?

When filing a civil rights complaint, you’ll need to first gather information about your case for your lawyer. Once you’ve determined you’re eligible for a lawsuit, your lawyer will help you file the right forms and paperwork for your case. Talk to your lawyer about your Florida claim and your next steps to justice. 

Is there a time limit to my claim? 

The details of your civil rights claim will change the time limits you face for a civil rights lawsuit. For example, if you’re filing a claim for discrimination under the U.S. Equal Employment Opportunity Commission (EEOC), you may only have 180 days to file a claim. Other claim types may be different. 

One thing does stay the same—you need to speak with your lawyer as soon as possible after the civil rights abuse. Your lawyer can help you take advantage of the time you have and file a strong case. 

If a federal building isn’t reasonably accessible to people with disabilities, can I sue? 

If a state building isn’t compliant with the Americans with Disabilities Act (ADA), you may have grounds for a lawsuit. You should have the same access to needed facilities as a person without disabilities, and filing a lawsuit can help you get justice and reasonable accommodations. Your lawyer can review the specifics of your case and help you determine whether you have a case. 

Consult a Miami Civil Rights Lawyer if Your Rights Have Been Violated in Any Way

Facing civil rights abuses can be tough, but you don’t have to face them alone. You have an opportunity to seek help from a civil rights lawyer at Fischer Redavid PLLC. Your attorney can help you make the right decisions for your case, from your first discussion to your court case. 

Want to know more about your case? Contact a Miami civil rights lawyer. Reach out through our online contact form below or call 954-860-8434 for a free consultation. We will take the time to discuss what happened, how to hold the guilty party accountable, and if you’re eligible for financial compensation based on the details of your case.