Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Could a Police Misconduct Civil Claim Affect My Criminal Case?

Could a Police Misconduct Civil Claim Affect My Criminal Case?

In defense cases where our clients were the victims of police brutalityfalse arrest, corruption, racial profiling, or other forms of police misconduct, we fight relentlessly not only to defend our clients from false charges, but to also bring justice against the officers who mistreated them. However, doing both requires a great deal of skill and experience. Step one is investigating the client’s charges to uncover any and all instances of police misconduct. Once we’ve built a solid defense case, then we might be able to follow it up with a civil claim against the police department involved in your arrest.

However, it’s vital not to attempt to do both cases at the same time. For one thing, if the department catches wind that your firm is also planning on bringing a civil claim, then the prosecutor may actually dismiss your charges only with a release of liability—which means you’ll be unable to bring a civil case if you take the deal. Some legal experts believe it is unethical for a prosecutor to use an impending civil claim as leverage in a criminal case, but it’s not illegal.

Additionally, the outcome of your criminal case will affect the plausibility of your civil claim against the department. The Supreme Court ruled in Heck v. Humphreythat if a criminal case’s outcome decides whether force was excessive, then you can’t pursue a civil claim for excessive force. For instance, let’s say you’re charged with a violent crime that involves assaulting a police officer. If you’re found guilty (or take a plea deal) of violence against police officers, then a civil claim for excessive force is out of the question.

Consider Hiring a Criminal and Civil Law Firm

Another way of handling your case would be to have an injury lawyer handle the civil claim and have a criminal defense lawyer handle the defense case. While one attorney is fighting for your freedom, the other will subtly investigate the events that could form the basis for a lawsuit. Rudenberg and Glasser, P.A. is both an injury and a criminal defense law firm, so we could provide counsel in both roles.

If you were the victim of police misconduct, speak with our firm today to discuss your options for defense and potential recovery. Call (954) 543-1788 for a free consultation today.


Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”


  • “If anyone, family or friends, should get into trouble we know who to call!”

    Parent of Charles C.

  • “Provided a High Level of Support & Skill”

    DUI Client

  • “You were so very wonderful in court.”


  • “Here to help you at all costs!”


  • “I’ve used Mike and Eric for my cases since 2012.”


  • “If you live a lifetime, you will never meet a more sincere, heartfelt, loving, caring person than Mike Glasser.”


  • “Very professional very honest and reliable, cannot thank them enough.”

    D Gonzalez

  • “I would recommend them to anyone that’s looking for someone that really cares!”


  • “I Was Able to Have My Name Cleared”

    Domestic Violence Client

  • “Great results, compassionate service, and extremely professional.”


  • “If I would need your service in the future I will definitely reach out to you again no matter the distance.”


  • “Their great efforts got us the most unexpected, but amazing outcome for what we were up against.”


  • “They will give you honest, truthful, realistic counsel and they will fight hard for you; as they did for me.”



    A. Ariel