The U.S. Constitution and several state and federal laws provide you with rights and protections aimed at ensuring fairness in the criminal justice system. This includes the right to be represented by an attorney, to be free from unreasonable searches and seizures and to have a speedy trial that’s heard and decided by a jury of your peers. While we think of these rights as guarantees, the fact is that these protections are violated all the time by overzealous law enforcement officers and prosecutors. Yet, the system will only protect those rights if you raise the issue and take action to speak out on violations. Otherwise, you could end up charged and convicted on evidence that otherwise shouldn’t be used against you.
The problem that many accused individuals face, though, is that they don’t know the various ways in which their rights can be violated. That’s why in this post we want to look at some of the most common violations enacted by the police and prosecutors. By being aware of these issues, you’ll hopefully be in a better position to spot rights violations and successfully move to block damaging evidence from being used against you.
Common ways that rights are violated in criminal investigations
There are several ways that your rights can be violated in a criminal prosecution. Here are some of the most common that you’ll want to be aware of as you build your criminal defense:
- Illegal search and seizure: The Constitution protects you from unreasonable searches and seizures. In most instances, this means that the police need a validly secured warrant before they can search your home, car or place of business. Yet, mistakes are sometimes made when securing these warrants, which makes them legally invalid. The police also sometimes misapply exceptions to the warrant requirement. These circumstances can cause you to be subjected to an illegal search and seizure in violation of your Constitutional rights. If you can prove this to the court, then you’ll be able to block any illegally obtained evidence from being used against you.
- Failure to inform you of your rights: When you’re subjected to custodial interrogation, the police are required to inform you of your Miranda This includes the right to remain silent and to have an attorney present. If you’re not advised of these rights, then you can block any statements you make from being used in court, even if you made a full-blown confession.
- Excessive use of force: Sometimes the police rough up suspects to maintain control and coerce them into talking. This is a violation of your civil rights, and it can lead to forced statements that otherwise wouldn’t have been made. In these instances, there’s a good chance that you can prevent the prosecution from using those coerced statements against you.
- Improper detainment: Before the police can detain you, they should have probable cause. If they lack probable cause, then they’re holding you in violation of your rights. This can cause a whole lot of issues for the prosecution’s presentation of their case against you.
Don’t let a violation of your rights lead to a wrongful conviction
Again, it’s imperative that you know your rights so that you can act to protect them. If you don’t, then you could wind up facing conviction and serious penalties. So, if you want to maximize your chances of beating the prosecution’s case, then now is the time to start thinking through the best way to attack their evidence.