CIVIL RIGHTS ATTORNEY IN PHOENIX
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Civil Rights Attorney
Civil rights are an essential part of the United States democracy. Civil rights are meant to ensure that every person has the right to equal opportunities and protections under the law. People’s individual rights are thought to be sacred, despite this country’s blatant history of inequality.
Most people understand that to interfere with another’s individual rights could potentially lead to a lawsuit. However, this doesn’t always mean that people will respect them. That is why the fight for civil rights continues. If you have been denied your basic rights, you need an experienced civil rights attorney. At Ybarra Maldonado Law Group, our civil rights attorneys are known for standing up for our clients’ promised civil rights.
What are Civil Rights?
Before you know how to protect your rights, you must be familiar with them. Civil rights entail an expansive list of rights that are set in place to protect individuals from receiving unfair treatment. The First and Fourth Amendments and the Civil Rights Act of 1964 are the primary laws that grant citizens their civil rights. The First Amendment states that citizens are guaranteed the freedom of the press, religion, speech, and the freedom to petition and assemble. It also protects against retaliation, often in the form of employment. The Fourth Amendment protects against illegal search and seizures and police brutality. Finally, the Civil Rights Act of 1964 is meant to prevent federal and state governments, agencies, and employers from discriminating against a person based on any personal characteristic.
Who are Civil Rights Meant to Protect?
Civil rights laws are meant to protect all people, regardless of characteristics such as:
- National origin
Some specific examples of civil rights include the right to:
- A fair trial
- Use public facilities
- Government services
- Public education
- Participate in political society
Anyone denied these rights is being denied their basic human civil rights to which they’re entitled and is entitled to file a lawsuit.
What Does a Civil Rights Lawyer Do?
A civil rights lawyer works on cases that involve disputes over equality, social freedom, discrimination, and basic human rights. Their job consists of what most other areas of law require. This includes conducting research, drafting legal documents, negotiating settlements, and litigating cases in court.
A civil rights lawyer’s job is to stand up on behalf of those who have been denied opportunities due to unfair perceptions, actions, and practices. Your attorney will advocate for the rights and freedoms that are guaranteed to you by the U.S. Constitution.
A civil rights lawyer can represent both the person bringing the civil case to court (plaintiff) or the person the action is being taken against (defendant). These attorneys may also take cases that involve a hate crime of which a person’s characteristic is the cause of the violence used upon them.
When Would I Need a Federal Rights Attorney?
You would hire a federal civil rights attorney when your civil rights and liberties have been violated. Your attorney will assist you in any disputes or issues involving your race, religion, gender, etc.
Do I Have a Civil Rights Case?
Common types of civil rights violations that would permit a legal case include:
- Cruel and unusual punishment
- Abuse by a public official or police misconduct
- Unreasonable search and seizure
- Workplace discrimination
- Discrimination due to a false belief or opinion
Immigration and Civil Defense
Fighting for civil and human rights is at the forefront of Abogado Ray’s mission and lifelong passion. Since prior to graduating law school, Ray has spent most of his days fighting for the recognition of human rights of immigrant families. He firmly believes that our society continues to lack a moral backbone in recognizing that all individuals possess human rights, including the right to cross borders.
Most recently, he is proud to be a part of the team of attorneys fighting the symbolic and notorious Sheriff Arpaio in Maricopa County. Through this lawsuit, we are demanding a stop to the work site raids that continue to separate families.
Police Misconduct Attorney
It is upsetting when anyone would stoop as low as to violate another human’s civil rights. But perhaps what is even more upsetting is when someone who is meant to protect you and your rights infringes on them. It is entirely too common for police officers to violate a citizen’s civil rights.
While there has been more backlash against this brutality and abuse of power as of late, it still occurs every day all across the country. It is important to remember that law enforcement officers are meant to enforce the law, but they are certainly not above it.
Some examples of police misconduct include civil rights violations, deadly or excessive force, jail and prison neglect or abuse, wrongful arrests, and unwarranted shootings or police dog attacks.
Most people assume that if it was a law enforcement lawyer that violated their rights, they have no chance to win in court. This is not the case. At Ybarra Maldonado, we fight to protect your rights and will stop at nothing to ensure your voice is heard. Hire our skilled Phoenix attorneys today if you have fallen victim to police misconduct or brutality.
There are many factors that can play into a wrongful conviction. Anything from a mistaken or false eyewitness account to a constitutional violation like official misconduct from law enforcement. If you are wrongfully convicted due to a constitutional violation, you are eligible to file a civil rights lawsuit. You are also entitled to receive compensation for your wrongful conviction.
Exonerations have significantly increased in recent years. To receive compensation for the time spent in prison, innocent people who are exonerated generally have two options. They may file a civil rights claim or an exoneration statute. Exoneration statutes are currently available in 35 states, Arizona included.
Civil rights claims are harder to prove than an exoneration statute, as exoneration statutes provide a remedy despite the reason for the wrongful conviction. However, they do have a limit on what is able to be awarded in damages.
For a civil rights claim to be successful, you must prove some form of unconstitutional conduct by the state. Your conviction must have also been reversed or declared invalid by the court. If successful, though, it does ensure a higher number in compensation.