If you have concerns that the police violated your Constitutional Rights, contact a criminal defense lawyer with the Lerner and Rowe Law Group immediately.
The founders of our nation adopted the Bill of Rights in the U.S. Constitution to stop long-standing government abuses, many of which carried over from England. Every criminal defense lawyer is an advocate for the Constitution and the protections it affords. Criminal defense lawyers do what they do because they believe everyone has entitlement to a fair trial under law.
The accused has a number of guarantees under the Bill of Rights, including the presumption that people are innocent until they are proven guilty. A criminal attorney reviews every case for government violations of a person’s guaranteed rights under the Constitution. The following brief discussion covers some of the Constitutional rights afforded to an accused. These apply in the context of a criminal case.
The Fourth Amendment Prohibits Unreasonable Search and Seizure
Protection from Unreasonable Government Intrusion– The Fourth Amendment prohibits the government from searching an individual or his property or seizing his person without proper legal cause. It also requires that all warrants have support from probable cause. In criminal cases, Fourth Amendment issues often give rise to a motion to suppress and frequently undergo implication during the traffic stop portion of a DUI investigation. Criminal attorneys must be intimately knowledgeable about Fourth Amendment law and its application to a criminal investigation. As a result, they should know how to properly mount a defense to a criminal charge.
The Fifth Amendment Affords a Criminal Defendant
Due process– In short, due process requires fair treatment when subjected to the judicial system.
Protection from double jeopardy– Which means your liberty cannot twice put in jeopardy for a criminal offense. A knowledgeable criminal defense attorney knows when jeopardy attaches and when the protections take hold.
The right to not incriminate one’s self- The Fifth Amendment protection against self incrimination protects individual from being witnesses against themselves at a trial or falling to the compulsion to answer questions from law enforcement that may be incriminating
In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona. This case concluded that whenever a person is under police custody, before questioning begins, he or she must be aware of the Fifth Amendment right not to make any self-incriminating statements. As a consequence of Miranda, anyone in police custody must hear and understand four things before they an legally submit to a custodial interrogation:
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.
However, Miranda rights need not be provided during every encounter with law enforcement. If you believe that you have experienced a violation of your Miranda rights, contact a criminal defense lawyer to review your case. A violation of Miranda can have a significant impact on your case and may even lead to a dismissal of the charges against you.
Indictment by a grand jury; a grand jury serves as an investigative body that acts independently of a prosecutor or judge in determining whether there is probable cause of the commitment of a crime.
The Sixth Amendment Requires:
A Speedy Trial
This essentially means the defendant will go to trial for the alleged crimes within a reasonable time after their arrest. In Arizona, local rules define the time within which a defendant should go to trial. A good criminal lawyer will always be mindful of his client’s right to a speedy trial.
A Public Trial
The purpose of the public trial is to avoid corruption that may happen behind closed door proceedings. It also aims to encourage witnesses and citizens to come forward with information.
Criminal defendants have a right to trial by jury in most cases. It’s possible that the decision as to whether to go to trial will rest largely on whether a judge or a jury will be the finder-of-fact. You should make the decision on whether to have a bench trial or a jury trial with the advice of an experienced criminal defense lawyer. A criminal attorney can also inform you of any other relevant considerations about going to trial.
The Right to Face and Confront One’s Accusers.
One of the most important skills a criminal attorney must possess is the ability to effectively cross examine a witness. It’s through cross examination that a criminal lawyer can get a witness to tell another side to a story. Or they can establish bias, untruthful, or mistaken testimony. It’s often through cross examination that criminal lawyers win cases.
The Right Subpoena Witnesses
The compulsory process clause of the Sixth Amendment provides a means for criminal defendants to secure the attendance of witnesses at trial. A court-ordered subpoena ensures the presence of the witnesses.
The Right to Have Effective Legal Counsel Even if the Defendant Cannot Afford an Attorney
The Sixth Amendment Right to counsel entitles an accused to the effective assistance of counsel at all “critical stages” of the criminal justice process. A common defense explored by a criminal defense attorney is whether a violation of an accused’s right to counsel occurred during the criminal investigation. In DUI cases, the most common situation where the right to counsel is at issue is after the arrest of a suspect and law enforcement has demanded that the suspect submit to a breath or blood test. However, the right to speak to a criminal lawyer is not absolute. So, we recommend that you consult with a Phoenix DUI lawyer about whether the police violated your right to counsel.
What Happens if a Constitutional Right is Violated?
The legal remedy for a violation of a Constitutional right depends on the nature of the right that suffered violation. For example, if a criminal defense attorney can prove the seizure of evidence was in violation of a defendant’s Fourth Amendment rights, the remedy generally takes the form of suppression of the illegally seized evidence. This is so the evidence is not eligible for use during a criminal trial. A violation of a defendant’s constitutional rights can have a critical impact on the outcome of the case.
If You Feel Your Constitutional Rights Suffered Violation Contact a Criminal Defense Attorney Today
If you’ve been arrested or charged with a crime and have concerns that the police violated your Constitutional Rights, contact a criminal defense lawyer with the Lerner and Rowe Law Group immediately. Our experienced criminal attorneys can review your case and advise you on whether your rights were subject to violation. We can help prepare a defense to your charges. Contact us 24/7 at 602-667-7777 or fill out the online intake form to schedule your free consultation. Don’t hesitate. Reach out to us today!
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
