Can you sue the police if you are found not guilty?
Asked by: Hillard Kuhic | Last update: September 15, 2025Score: 4.9/5 (46 votes)
Sometimes yes someone cleared of their charges can sue, but not NORMALLY. In order for a lawsuit like that to be successful, the person arrested has to PROVE to a judge that the police and the prosecutor willfully did bad things, like for example, tamper with evidence to make the person look guilty.
Can I sue if I was found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
What happens if you are found not guilty?
Both acquittal and a not-guilty verdict mean the prosecution could not prove your guilt beyond a reasonable doubt. After you are acquitted or declared not guilty, your "double jeopardy" Fifth Amendment protections kick in, and you cannot be tried again for the same crime.
How hard is it to sue the police?
Yes, you can sue the police in California, but it is not a straightforward process. Police officers and departments are protected by specific laws that can make it difficult to hold them accountable for their actions.
What is the most you can sue a police department for?
If the claim is against a municipal or county employee, the maximum is $700,000, and if the claim is against a state employee, the maximum is $1,000,000. Police Misconduct Lawsuit: The average payout for police misconduct cases is approximately $17,500.
Can I sue if I was found not guilty of a crime?
How long after can you sue the police?
In California, before you can file a lawsuit against a public entity or employee, you must file a government claim. This is a prerequisite to suing a police officer and must be done within six months from the date of the incident. The claim should outline the facts of the case and the damages sought.
What is the most common complaint against police?
At the top of the civilian complaint list is excessive force. This one makes its way into the media and spurs empathy across the country and sometimes the world — and for a good reason! Excessive force is when officers use a greater proportion of force than is required to de-escalate a situation.
Can you sue a cop personally?
In California, like in many other states, it is sometimes possible to take legal action against a police officer for their misconduct, though it depends on the circumstances. Suing an officer personally requires the know-how of a California police misconduct attorney.
What are the examples of police misconduct?
- Intimidation.
- False confession.
- Sexual abuse.
- Surveillance abuse.
- Misuse of Taser guns.
- False arrests.
- Off-duty misconduct.
- Racial profiling.
What lawyer do I need to sue a police department?
An experienced criminal defense lawyer or personal injury lawyer will be able to assist you when you are asking the question, "Can I sue the police department for violating my rights?"
Do you need evidence to be found guilty?
Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone. If direct evidence were always necessary for a conviction, a crime would need a direct eyewitness, or the guilty party would avoid criminal responsibility.
Can you be tried again after being found not guilty?
The Double Jeopardy clause protects a defendant from being tried again for the same crime after being acquitted (found not guilty) by a jury. In effect, this means that once a jury has found a defendant not guilty, the prosecution cannot appeal the verdict and seek a new trial on the same charges.
Can you sue for defamation if found not guilty?
Provided no charges are outstanding against you, you may be able to file a defamation of character lawsuit. Such a lawsuit can target a person who makes deliberate communication — oral or written — with an intent to harm your reputation.
Can I sue the police after charges are dropped?
The Case Was Resolved in the Victim's Favor
The victim must provide evidence that the criminal case ended in their favor. For instance, can you sue after charges are dropped? Yes. Dropped charges could make a malicious prosecution claim possible.
Can you sue for lack of evidence?
Yes, that is often done in order to force your defendant to provide evidence or to answer questions under oath which could lead to producing evidence. There is a danger that you can be counter-sued if you are totally wrong, or the judge could award them attorney fees and costs for filing a bad-faith lawsuit.
Do you get paid for time served if found not guilty?
Unfortunately no, the individual is not entitled to payment for time served I'm afraid unless the court orders that or there is a local regulation about that.
What police don't want you to know?
If you decide to answer any police questions, everything that you unintentionally did not say can be used against you too. For example, if you answer their questions, but you don't tell them the full story, or you innocently leave out a fact, they will use that as evidence that you were not completely forthcoming.
What is unethical behavior for a police officer?
Some examples of issues which were covered up by this code of silence are excessive force, receiving free meals, accepting bribes, having sex on duty, and stealing items from a crime scene. This is only a few of the long list of unethical behaviors law enforcement officers have committed.
What are the signs of police misconduct?
- Forcing a traffic stop without a stated traffic violation.
- Conducting a search without a warrant or stated probable cause.
- Conducting a search or seizure based on racial profiling.
- Intimidating or coaching witnesses.
- Fabricating or tampering with evidence.
How long do you have to file a lawsuit against the police?
Police Misconduct in California
Once the notice of claim is filed, you have six months to file a lawsuit -- one year from the date of the incident. Note that you cannot file a lawsuit until you have filed the notice of claim.
What is the average settlement for police misconduct?
However, the estimated median payment for police misconduct cases is $17,500. Claims are filed against police officers and departments for many reasons. They range from illegal search and seizure to cases of police brutality that result in a fatality.
Can I sue a police officer for emotional distress?
Yes, you can sue the police for emotional distress, but doing so requires specific legal conditions to be met. Emotional distress claims against law enforcement are typically based on either intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED).
What does filing a complaint against a police officer do?
When you file a complaint against a police officer in California, the local law enforcement agency where the officer is employed will be responsible for investigating the allegations. They will gather evidence, interview witnesses, and review any available documentation related to the incident.
What are the consequences of police misconduct?
In cases of serious misconduct, a state agency or board can take away the person's license to work as a police officer. Internal affairs. The department or municipality that employs the officer can also conduct its own investigation into the allegations of misconduct by an officer.
Who investigates local police misconduct?
Most police departments around the country have an internal affairs division that is responsible for investigating misconduct allegations and disciplining officers.