How Long Do Police Misconduct Cases Take? Understanding the Legal Timeline

We’ve all seen police misconduct cases play out in the news and on social media, but suddenly finding yourself at the center of one can be traumatizing. Not only do you have to grapple with the reality of what you’ve experienced, you also have to navigate the legal process while seeing the details of your case hashed out on social media. That’s why having a police misconduct attorney is so important—not only can they help you fight for justice, they can provide the support and guidance you need throughout this process.

At the Law Offices of Dale K. Galipo, you can work with a team of police misconduct attorneys who are passionately committed to protecting clients’ civil rights and freedoms as seen in their client testimonials. Attorney Dale K. Galipo has focused on civil rights cases involving police abuse and misconduct for decades, making him a trusted and well-known figure in this field. Whether you’ve suffered a police shooting, physical aggression, denial of medical care, or another form of mistreatment, you can trust us to advocate for you. Call our police misconduct law firm at 818-347-3333.

Initial Steps After an Incident

After you’ve experienced police misconduct, the early steps of this process move fairly quickly. You or your police misconduct lawyer will need to document what happened, seek any necessary medical treatment, and file a complaint with the law enforcement agency. The Office of the Attorney General directs victims to file a complaint with the appropriate law enforcement agency, although in many cases, the agency in question will respond that they’ve closed their investigation and determined that their officer did not do anything wrong. That’s when you move on to the next step.

Filing a Government Claim

Filing a claim against a government entity is much more complicated than filing a claim against a private party, which is why you should get a police misconduct lawyer involved early in the process. These requirements are laid out in the California Tort Claims Act. You must file your claim within six months of the incident if you are claiming personal injury, damage to property, or wrongful death. The agency in question then has 45 days after receiving your claim to respond to it. They generally investigate the claim and either attempt to settle with you or reject your claim. If they reject your claim or do not respond, you can then sue them in court.

Investigating and Preparing the Case

Your police misconduct law firm will devote a significant amount of time to investigating your case. This may involve talking to witnesses, reviewing footage of the incident (often available in misconduct incidents that occurred in public), reviewing medical records, and going over policy documentation of the incident. Their goal is to build the strongest case possible for you.

Settlement Negotiations and Mediation

At any point in this process, the law enforcement agency responsible for your losses may attempt to settle with you and your attorney. Many cases involving police misconduct ultimately settle this way, as going through the entire court process is incredibly expensive and time-consuming for police departments. On the victim’s side, reaching a settlement may allow them to get closure more quickly and begin moving on from what they’ve experienced. It also saves them from having to rehash what they experienced in court. This process may take months or even years, depending on the complexity of your case.

Going to Trial

If your case makes it all the way to trial, be aware that you could be waiting years for your day in court. Both parties need time to build their case, and this may unfortunately leave you waiting. At the end of the trial, the court will decide in favor of you or the law enforcement agency. If they decide in your favor, they also decide how much compensation you receive.

Find Out How the Law Offices of Dale K. Galipo Can Help You—You Don’t Have to Go Through This Alone

While the road to justice can be long, having an experienced and committed attorney by your side can make it much easier. Call the Law Offices of Dale K. Galipo at 818-347-3333 or reach out online to discuss your case with our team.