Santa Ana Civil Rights Attorney

As you go about your daily life throughout the Santa Ana area, you expect to be treated with fairness and respect. Unfortunately, some people neglect to treat others kindly, and others suffer from basic human rights violations daily. A Santa Ana civil rights attorney is a powerful ally for anyone who has been a victim of a civil rights violation.

Whether you’ve become a victim of police brutality or discrimination in the workplace, it’s essential you understand your rights. Our law firm can provide you with a capable and knowledgeable civil rights attorney to defend you.

The Law Offices of Christopher J. McCann, APC, has assisted hundreds of clients for more than 15 years by providing high-quality civil rights protection, criminal defense, DUI defense, and more. It’s common to wonder what your options are when someone violates your civil rights, and you may be overwhelmed by the experience. Fortunately, our team can review your case and create a defense that focuses on earning you compensation for the troubles you’ve experienced.

What Are Civil Rights Laws?

According to California law, civil rights are described as general rules that protect you from discrimination or unfair treatment. These laws also protect you from mistreatment as a result of demographics such as sexual orientation, age, ethnicity, and more. Also, your property can be protected by an extension of these laws.

It’s common for individuals to confuse civil rights with civil liberties. Civil liberties are the freedoms granted to every American, including freedom of speech, marriage, and voting, and these are granted through the Bill of Rights. Civil liberties protect you from the government, yet civil rights protect you against other parties’ actions. The government can step in and assist you when someone prevents you from using and enjoying your rights.

As part of the civil rights legislation, the Americans with Disabilities Act was established with the intention of protecting those with physical or mental disabilities in the workplace. Should an employer violate or neglect your rights as a disabled person, you can hold them accountable through the legal system and potentially earn compensation.

The Different Types of Civil Rights Violations

There are many different civil rights violations you can be charged with, though it can sometimes be challenging to determine if someone genuinely violated your rights. In some cases, someone was acting negligently without necessarily infringing on your civil rights. However, there are plenty of examples of clear civil rights violations, and it’s crucial you understand what these are so you can exercise your rights should you experience any of them.

Civil rights violations can include the following:

• Police misconduct and brutality. We expect our local police to protect civilians and quickly address dangerous criminals. Sometimes, police need to be aggressive to stop someone from causing harm to others, yet there are cases where they go too far. Police also have their own set of regulations to follow daily, though some police neglect to uphold their duty. If you’ve been stopped while on the road, you shouldn’t expect to be seriously hurt if you comply with their requests. Police misconduct and police brutality are serious incidents that must be reported immediately.

• Discrimination. Discrimination is an unfair treatment of someone as a result of their age, gender, sex, disability, religion, and more. For instance, if someone physically or verbally assaults you because of your race, this qualifies as discrimination. If your property was vandalized due to your religion, this could also fall under discrimination, as the action was committed as a result of your personal demographics.
• Workplace harassment. You may not get along with everyone at work, but you should still expect to work with everyone professionally and fairly. If someone at the workplace is treating you unfairly, you may be able to file a claim against them for workplace harassment. For instance, if someone is making unwanted sexual comments about you at work, you can hold that individual accountable. We understand there may be a fear that speaking up may cost you your job, but our team is ready to ensure that won’t happen.

• False arrest. You shouldn’t be put in handcuffs or prison if you haven’t done anything wrong. Unfortunately, police make false arrests more often than you may realize. If you haven’t done anything wrong, yet the police falsely arrest you, you can exercise your rights and hold them liable for a civil rights violation. This is considered a violation because the police are intruding on your rights when you haven’t broken any laws.
• Search and seizure violations. You have the right to privacy and security, yet some police officers neglect these rights and perform illegal searches of your property. If an officer has a warrant to search your home, they can’t also search your car unless they have a warrant for that as well. Illegal searches and seizures fall under civil rights violations, meaning you can file a claim against the responsible party if needed.

As shown above, there are plenty of civil rights violations you can either be charged with or experience firsthand. You may be understandably frustrated if you experience harassment, discrimination, or a combination of multiple civil rights violations. For this reason, you must speak with a civil rights attorney with proven results in assisting clients with their circumstances.

Exercising Your Rights When Faced With Civil Rights Abuse

Just because a police officer has the authority to arrest and detain dangerous individuals doesn’t mean they’re allowed to do whatever they please. An employer may think they can say or do whatever they want with you, but there are laws in place that protect you from experiencing these terrible crimes.

The process of fighting back against your employer, an officer, or a government employee can be daunting, but you have the power to exercise your rights and hold them accountable for their actions.

You have the right to gather evidence from the situation, including taking photos or videos of the situation. You can also file a complaint against the responsible party for their actions. Some people may use intimidation tactics to prevent you from saying anything, but it’s crucial to remember that despite the overwhelming nature of the scenario, you can fight back. You can hire an attorney to represent you so they can build a sturdy case that protects your rights.

Should you be able to find an attorney who has the experience and knowledge you’re looking for, you may be able to seek compensation for any damages incurred from the situation.

Understanding Compensation for Civil Rights Abuse

You may feel someone else’s racist or sexist comments aren’t enough to earn you any compensation for any emotional damage, or you may believe you don’t have the ability to force the other party to help pay for your physical injury after a workplace incident. However, the truth is that you have the ability to pursue compensation and recover damages sustained from civil rights abuse.

For instance, you can recover losses from therapy sessions, lost wages at work, medical bills, and more. You shouldn’t be forced to pay out of your own income when dealing with damages from someone else’s horrible actions. If a police officer fails to restrain you and instead punches you repeatedly, you can hold them liable for their unnecessary treatment and seek compensation for medical costs.

Should you have a loved one pass away due to a civil rights violation, you can still earn compensation by filing a claim. Funeral and burial costs can be staggering, though you may be able to claim compensation so you can cover the costs without needing to pay them yourself.

In any case, compensation isn’t guaranteed, and the amount you can earn depends on your situation. Cases where someone made a racist remark can still earn you compensation, but if someone verbally and physically attacked you, you likely may earn more compensation. No matter your circumstances, it’s crucial you have a qualified attorney on your side to help you move forward from the situation.

The Penalties for Civil Rights Violations

Every civil rights case is unique; as a result, there are no set penalties for violations such as police brutality or discrimination. However, if you’ve been charged with a civil rights violation, you may be responsible for paying for someone else’s emotional, physical, or property damage.

For example, if you discriminate against another employee at work based on their disability, you may be responsible for paying for their therapy costs as a result of what you’ve done. None of this is set in stone, but if you become accused of impeding someone else’s civil rights, you should also speak with an attorney as soon as possible.

Unfortunately, some individuals will file civil rights claims against other people when nothing wrong has occurred. If you find yourself in this situation, you also have the right to speak with legal representation. If you believe you truly are innocent, you can give your side of the story to your attorney so they can determine what to do next. These cases are quite tricky to navigate, which is why speaking with legal assistance about it may benefit you the most.

What Kind of Attorney Fights for Civil Rights?

A civil rights attorney is responsible for defending clients who have faced discrimination, harassment, police misconduct, and more. If your civil rights were violated in any capacity, a civil rights attorney must evaluate your entire situation and determine how to move forward. They are tasked with upholding Santa Ana laws and allowing individuals to freely and safely live out their lives.

Civil rights attorneys also fight for parents who have children with special needs who may have experienced abuse or neglect from school or medical staff. You don’t have to experience civil rights violations yourself to be able to file a claim, as you can still hold the responsible party liable for what they’ve done.

Attorneys perform several different tasks as part of their job. They investigate your situation fully by gathering information, speaking with witnesses, reading through relevant documentation, and more. Once they’ve gathered the information they need, they then draft legal documents and appear in court to defend their client.

California law changes frequently, which means they are also responsible for keeping up with these changes and adapting their strategies to abide by these laws.

Do I Have To Hire a Civil Rights Attorney?

It’s possible to navigate the confusing legal system in Santa Ana on your own and make a case for yourself, though we don’t recommend this. By far, the most important reason to hire a law firm like ours is because we can streamline the entire process for you while you recover from your incident.

For example, if you were attacked due to your sexual orientation, your focus should be on seeking help and recovering from your injuries. Trying to recover from your injuries while also drafting legal documents that you may not fully understand may not ensure you receive compensation. Meanwhile, having a civil rights attorney on your side allows them to handle all of the legal troubles for you while you take care of yourself.

Some individuals may believe hiring an attorney is more expensive than going through the process alone, but this may only be true at the moment. If you were to defend yourself in court but fail to secure enough compensation for your losses, you may regret doing this by yourself.

An attorney may be able to help you earn more compensation by using their various strategies and tactics to hold the opposing party liable. They may be able to convince a judge more thoroughly than you may be able to, meaning it might be worth spending a significant amount of money at once so you can keep yourself financially stable for longer.

Employment Discrimination FAQs

You may have lingering questions about civil rights in Santa Ana, which is why we’ve listed a few of our most frequently asked questions below. We hope these inform you about current civil rights laws and what to do should you find yourself in any relevant situations.

Q: What Should I Do After a Civil Rights Incident?

A: When you or a loved one’s civil rights have been infringed by police, law enforcement, or a negligent party, document and preserve as much evidence from the scene as possible. If you can obtain any photos or videos of the violation, this can be crucial as evidence in court. Once you’ve gathered evidence, speak with a civil rights attorney as soon as you can so they can begin sifting through it and create a case.

Q: What Types of Compensation Can I Earn From a Civil Rights Offense?

A: No civil rights case is the same, so there’s no guarantee of what you could earn as compensation or a settlement. However, there are a few things you may be able to secure as a result of defending yourself in court. You may be able to secure compensation for lost wages, pain and suffering, medical bills, and more. In order to maximize your odds in court, consider meeting with an attorney immediately.

Q: How Much Time Do I Have To File a Claim?

A: While there are a few exceptions, you generally have two years from the date of the incident to file a claim against the person who violated your rights. However, if the case revolves around property damage, you have up to three years to file your claim. While most might consider two years a fair amount of time, it’s ideal to file your claim as soon as you’re able to so your matters can be dealt with swiftly.

Q: Do I Have To Hire an Attorney for Civil Rights Offenses?

A: No, it’s not mandatory to hire an attorney for a civil rights case. However, it can make a significant difference in the outcome of the case if you hire legal representation to assist you. An attorney can use their experience navigating local laws to create a strong defense for you so your rights are protected and upheld. While not required, you shouldn’t overlook the many benefits an attorney can bring.

An Experienced Santa Ana Civil Rights Lawyer

Civil rights violations should be taken seriously and given plenty of attention so your rights remain protected. You shouldn’t have to suffer because an individual or government official ignores your rights and puts you in danger. No matter if the incident left you physically, financially, or emotionally damaged, we’re here for you.

We recommend you contact our team at the Law Offices of Christopher J. McCann, APC, after experiencing a civil rights violation. We know what to look for when building a case for you, and we work diligently to earn as much compensation for you as possible. Certain individuals should uphold their duties to keep people safe, though we also know this isn’t always the case. If you experience anyone who matches this description, don’t hesitate to reach out to us.

Our team is ready to provide the guidance you need. To learn more about what we do or how we can help, give us a call today.