Civil Rights

New Jersey Civil Rights Attorneys

The law is intended to be blind. The law is supposed to be impartial, and it is to treat people on the merits based on the law.  We, the people, are protected by virtue of our civil rights.

Individuals have federal civil rights which are codified in the United States Constitution and laid out in various federal statutes including the Civil Rights Act of 1964. Individuals are also protected by state civil rights, which are codified in the state constitution and laid out in various state statutes.

Those civil rights, some of which are your First Amendment, freedom of speech; your right to petition your government for grievances; your right to be safe from unreasonable searches and seizures of your property or your home; your due process rights; to not have your life or your freedom or your property taken away from you without due process of law; your rights under the 14th Amendment Equal Protection; to not have yourself be treated differently because your African American or you’re Latin, or you’re gay, or you’re a woman. These rights are protected by the United States Constitution and under the state law.

Often, our civil rights cases come about, unfortunately, in the context of people interacting with law enforcement – whether it is the police conducting a motor vehicle stop in violation of the 4th Amendment because they do not have the requisite probable cause or reasonable suspicion, an unconstitutional search of one’s person, car or home, or it’s treating someone differently because of their color or their gender. These are various examples of what our civil rights are designed to protect.

Civil rights cases are often very difficult. Since you are dealing with the government, there are many immunities, exceptions, and privileges that protect the actions of government officials.  The government is essentially playing with other people’s money when defending these cases. They are playing with house money, so to speak. Our money. And you are going to need an attorney with that financial wherewithal, experience, and intelligence to prosecute your civil rights case.

At the end of the day, resolving these cases; whether it’s employment, labor, discrimination, or civil rights, comes down to your representation. If you do not have a trial lawyer, if the threat of victory at trial is not there, it is less likely that you will resolve your case for what it is worth. If you can’t get up on your feet and convince a jury and convince a judge, you’re never resolving anything, because people will know that they can always run you over.

At Schiller McMahon, we are trial attorneys.  Our lawyers can get up in front of a judge and jury and persuade people to reach the outcome that’s beneficial to our client.

Most often a civil rights case is about police misconduct. So, who better to handle the case than former prosecutors, who are versed with the way that police officers are supposed to handle themselves when interacting with the public. Our attorneys have dealt with police officers for years as assistant prosecutors, which makes our firm uniquely qualified to prosecute your civil rights case and ultimately achieve a desirable outcome. Since we know exactly what the police are supposed to do and not supposed to do, civil rights cases come naturally to us in terms of seeing what the police did wrong (how they violated your civil rights) and exposing their misconduct.

Anytime you sue a public entity for wrongdoing, you must file a notice of tort claim within 90 days of your injury. If you fail to file the notice within 90 days, you often lose your right to bring a lawsuit.  That is why it’s important to consult with a civil rights’ lawyer right away. The quicker we speak with you, the quicker we can assess your claims, protect your rights, and the more likely we can uncover critical, time-sensitive evidence in your case.  We preach that speed kills. We are complex civil and criminal litigators, and whatever the matter is, speed kills. And that is in our DNA here. Move fast, be thorough, and be confident.

You can file lawsuits for civil rights violations oftentimes in federal or state court. With discussion and feedback from the client, our lawyers will help choose the appropriate venue for your case based on our experience, training, and knowledge of which jurisdictions and which venues tend to have the judges and juries that are most conducive to an outcome that benefits your case.

It costs the client nothing. We hand pick the cases that we take at this firm, so the client will not incur any costs. We take all the risk and advance all costs and expenses of the civil rights cases that we decide to take on.  When a settlement or verdict is reached, the client pays the firm a percentage of the total award.

Our goal in all civil rights cases, obviously, is maximum recovery for the client. But our goal is also to remediate and end the practice or misconduct that led to the civil rights violation in the first place.  Our law firm wants to benefit society as well as fairly and adequately compensate our client for whatever harm they suffered.

 

Contact Us

Since your time to file is limited we urge you to contact our office today to discuss your case.

Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job

5.0
2019-09-03T13:58:30-05:00
Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.

5.0
2019-09-03T14:11:47-05:00
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility

5.0
2019-09-03T14:12:45-05:00
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.

5.0
2019-09-09T13:05:13-05:00
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.

5.0
2019-09-13T13:15:02-05:00
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.

5.0
2019-09-15T08:41:01-05:00
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.

5.0
2019-09-16T16:10:00-05:00
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.
Great Firm and had a great experience! Would highly recommend.

5.0
2019-09-18T18:47:51-05:00
Great Firm and had a great experience! Would highly recommend.
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