US Attorney in Charlotte to Prosecute Civil Rights Crimes

The US Attorney’s Office for the Western District of North Carolina recently announced a new, specialized unit created to investigate and prosecute violations of federal criminal civil rights laws. These laws criminalize egregious violations of one’s civil rights and range from criminally discriminating against someone because she wears a badge or fatigues, to committing a violent crime against someone because of the color of his skin. 

The new unit comes on the heels of a national focus by the US Attorney General on prosecuting criminal civil rights violations. Although the policy dates back to as early as the Trump Administration, the Western District’s unit is new.

It is important to hire a knowledgeable federal advocate when facing investigation relating to criminal civil rights violations. In many cases, there may be an opportunity to persuade the prosecutor that a civil resolution is more appropriate than a criminal one. For example, if a prosecutor lacks confidence in his ability to prove a criminal civil rights violation beyond a reasonable doubt, it may be better for him to pursue a civil action or resolution for an alleged victim. This strategy may be accompanied by an out-of-court resolution that avoids the risk, stress, and expense of litigation.

Similarly, because many of these crimes center around the intent of the accused, it may be wise to approach the prosecutor and explain how difficult it will be for him to prove a discriminatory motive.

There are several other pre-emptive, strategic options available for those under investigation. It is critical to have the advice of counsel at an early stage to try to mitigate the exposure to criminal liability at the outset—even, and especially, before an indictment is issued.

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Mr. Dowling focuses on federal criminal defense. He routinely represents judges, law enforcement personnel, medical professionals, attorneys, engineers, and business owners.