As a criminal attorney, we are often faced with situations where clients are simply not aware of their constitutional and legal rights, especially when they are faced with the overwhelming force of the prosecution system. As a result, many clients violate their own rights without even realizing.
In the legal justice system, there is a comprehensive system of checks and balances to make sure that people receive adequate representation, ensuring that their rights are not violated and that they get access to a bias-free and fair trial. The only way to take advantage of this is to have an attorney by your side throughout the process.
One of the easiest rights to be violated by over-enthusiastic prosecutors and law enforcement is the Fourth Amendment protection against an unlawful seizure of personal property. The Fourth Amendment means that citizens have the right to be secure, or safe, for any kind of search or seizure in the absence of a legal warrant. The only way law enforcement can obtain a warrant is if they believe that a crime has been committed, also known as reasonable suspicion.
As a criminal attorney, we often find ourselves defending clients whose Fourth Amendment rights have been violated. If this is the case, we can also get any evidence found during this unlawful search and seizure removed from the proceedings. The more evidence we get removed, the shakier the prosecution's case is going to get and the more likely it is that you will be acquitted.
You have the right to legal representation from the moment you are placed in handcuffs or arrested. This is an inalienable right that is guaranteed and is something that a police officer has to inform you of at the time of the arrest. This particular right, that is often seen on television arrests, is to be read to a person being arrested during the arrest. They are known as the Miranda Rights and ensure that everyone has the right to representation by a criminal attorney.
Failure on the part of law enforcement to properly read these rights, and confirm understanding, can result in a mistrial. A judge may find that one's rights to legal counsel were improperly denied during the arrest.
The United States Constitution guarantees the right to not self-incriminate. As a criminal attorney, we can help to do this by making sure we represent you and protect your rights throughout the legal proceedings. For this reason, it is very important that an individual refuses to speak with law enforcement until a lawyer is present, after being read one's Miranda Rights.
After being arrested, take the time to call our office and get the legal representation you need to protect all of your rights.
NOTE: This is for informational purposes only and does not constitute legal advice.