Official Misconduct

Official Misconduct Attorney In Colorado Springs

The police are charged with serving and protecting citizens and for the most part they provide this service well, but not always. In some cases, official misconduct, or police misconduct is applied instead of honorable service.

It is a well-known fact that law enforcement officials have a very difficult job. Officers shoulder the difficult task of counseling individuals, defending homes and property and being a good role model to the younger generation. Police officers are required to take an oath that binds them to always serve and protect their communities and citizens.

However, many reports of police misconduct are filed daily.

What Is Official Misconduct?

Colorado law defines Official Misconduct when a public servant is abusing his (or her) power, or breaking a law, in order to harm another person or to obtain a personal benefit.

Colorado Official misconduct law, CRS 18-8-404 law describes “official misconduct” as;

(1) A public servant (police included) commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly (as shown at

  • (a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or
  • (b) Refrains from performing a duty imposed upon him by law; or
  • (c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) First degree official misconduct is a class 2 misdemeanor.

We will concentrate on official misconduct that involves actions by law enforcement towards citizens.

Official misconduct involving police action towards a citizen (police misconduct) can include any of the following situations

  • Coercion
  • Strip-searches
  • False Arrest
  • Unwarranted use of police authority
  • Unnecessary use of a firearm or taser
  • Improper or illegal activity while on official duty
  • Excessive force
  • Police Misconduct and Abuse

A victim of official misconduct, is allowed to respond to such an infringement of rights by bringing forth criminal charges and even civil charges against the offending officer.

If you have been the victim of official misconduct or police misconduct in Colorado Springs or the surrounding areas, you have the right to seek legal satisfaction. Contact the Kohn Law Firm HERE and arrange a free consultation with our legal advisors.

Making The Case For Official Misconduct

Making a case against a law enforcement officer can be a difficult thing. Most government officials have a certain degree of immunity against lawsuits and police officers are no exception. Law enforcement officers are granted a certain degree of leeway in carrying out their tasks.

This means they can perform their functions without worrying about disciplinary action at every turn.

The theory behind this is that it is better to have a few occasions where the bounds are crossed than to have officers who are too afraid to act. This makes it especially difficult to prove that an officer’s actions did indeed exceed what can be considered reasonable in the specific situation they are in.

Do I need a Colorado Springs Official Misconduct Lawyer?

If you have reason to believe that your rights have been violated and that an officer has abused their authority and caused you damages unduly, then it is important that you take immediate action. More often than not, police officers are equipped with body cameras to record their encounters with citizens. This provides prime evidence of the encounter and can help to make a solid case.

In addition to this, here are some other things you should do;

  • Write down everything as fast as you can so you can avoid missing critical details.
  • Save any damaged property
  • Take pictures of any and all evidence, including injuries, damages etc.
  • Get names and contact information of any witnesses in the vicinity

The more information you have the better your case will fare in court and the easier it will be for the attorney handling your case.


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