You just survived a traumatic encounter with police, and you may still be processing what happened. It is easy to focus only on the legal charges you are facing, but your physical well-being and your rights matter just as much.
What you do in the hours and days after a police assault can make a significant difference in your ability to seek justice and protect yourself.
Seek medical care and document your injuries
Protecting your health is the primary step. Seek a medical evaluation as soon as possible, even if you feel fine. Tell the healthcare providers exactly where you feel pain and how the injuries occurred.
These medical records serve as objective evidence of your condition immediately following the incident. It’s best to take clear photos of any bruising, cuts or swelling before they begin to heal.
Preserve evidence like photos, videos and witness information
New Mexico law recognizes the importance of transparency in policing. If there were bystanders who filmed the incident, try to obtain their contact information or copies of their recordings.
New Mexico law mandates body-worn cameras for many officers to record all law enforcement-related encounters. If an officer fails to record, your attorney can use that failure to challenge their credibility in court and pursue disciplinary action.
Memory fades quickly, so it’s better to write down a detailed timeline of events while the details are still fresh in your mind.
Understand your civil rights under New Mexico and federal law
In 2021, the state passed the New Mexico Civil Rights Act. This legislation makes it easier for individuals to hold government agencies accountable for violations of the state constitution without the barrier of qualified immunity.
You are also protected by the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable seizures and the use of excessive force. Knowing that these legal frameworks exist is the first step in recognizing when a boundary has been crossed.
Get the legal support you need
Police misconduct cases involve strict legal deadlines. In New Mexico, you generally have only 90 days to file a formal Notice of Claim under the Tort Claims Act and one year under the New Mexico Civil Rights Act. Missing these can permanently bar you from seeking compensation.
Reviewing the details of your case with a professional can help you understand the strength of a potential claim so you can make informed decisions about your next steps.