Determining if Constitutional Rights Were Violated
An arrest can send anyone’s life into a tailspin. Regardless of the circumstances, having this event occur has a ripple effect that reverberates throughout a person’s personal and professional life for years to come.
It helps to understand that there are specific rules the police must abide by for an arrest to stick. These are rights that are afforded by and under the U.S. Constitution. When one or more have been violated, an arrest may wind up being thrown out. Become aware of some of these rights in case you need to call upon them.
The first thing police are to do when arresting someone is to read the Miranda warning. This is a snippet of the overarching Constitutional rights law enforcement must not violate. The Miranda rights were created as part of the standard operating procedure after a man in Arizona was arrested and pressured into confessing to crimes he did not commit. Now, all police agencies must not only recite the Miranda rights but also get verbal confirmation that the detainee understands them. These rights enable you to:
- Remain silent. You do not have to answer questions relating to the arrest. What you say can be used to convict you.
- Get an attorney. You can have an attorney represent you. If you cannot afford a lawyer on your own, the court will provide one for free.
- Stop answering questions. Once you invoke your right to an attorney, all police questioning must stop until your representative is present.
These are the foundations of Constitutional rights during an arrest.
Humane Treatment Throughout
Regardless of the crime, each person has the right to be treated humanely. While some aspects of the legal system may not appear humane, they are. For instance, prisons and jails must provide for those incarcerated. Basic meals, sanitary conditions, medical care and safety are fundamental rights granted to all individuals.
Due process was integral to the Founding Fathers. It bans the practice of rushing to judgment against an accused individual, and instead, embarking on a fair and just legal process that affords every defendant the chance to prove their innocence. It allows every accused to have a trial in front of a jury of their peers instead of being judged and sentenced by a single individual. It is due process that enables attorneys to work for their clients in getting them released on technicalities, like the violation of Constitutional rights.
A criminal justice lawyer, like a criminal defense attorney in San Francisco, CA from the Morales Law Firm, is trained to deal with violations of your Constitutional rights. Find one near you to assist in mounting your defense.