Every American citizen has certain rights that they are entitled to as a result of the United State Constitution and various statutory laws. Unfortunately, police do not always respect these rights, resulting in harm to criminal suspects and the innocent alike. So what should you do if law enforcement officers decide to violate your rights?
What Are Rights?
In terms of criminal law, when people talk about rights, what they mean are the legal and constitutional protections people have that are intended to prevent abuse from law enforcement. These rights dictate what police can, or cannot, do to average citizens while investigating a crime, and how people must be treated when they are facing criminal prosecution. While in theory police should always respect people’s rights and obey the law as closely as possible, in practice, law enforcement has a tendency to ignore people’s personal liberties when it inconveniences them.
What Rights Do You Have?
There are a number of Constitutional rights that people have that help protect against abuse from law enforcement. This includes, but is not limited to:
- The Fourth Amendment right against unreasonable searches and seizures.
- The Fifth Amendment right against self-incrimination.
- The Sixth Amendment right to an attorney
- The Seventh Amendment right to a trial by jury in a court of law
- The Eighth Amendment right against unreasonable bail or cruel and unusual punishment
- The Fourteenth Amendment right to due process
This is far from a complete list of a person’s rights, but they are some of the most directly relevant rights to criminal defendants.
How Do Law Enforcement Violate Your Rights?
Law enforcement officers violate people’s rights by engaging in activities that either prevent them from taking advantage of their legal options, or which cause direct harm to a person or their property. This may include, but is not limited to:
- Engaging in a warrantless search without probable cause
- Arresting someone without probable cause
- Executing a search or arrest warrant against the wrong person
- Engaging in excessive violence while apprehending someone
- Using threats or violence to force someone to confess to a crime
- Refusing to provide food or water to detained suspects
- Refusing to allow someone to have access to their lawyer
What Can You Do About It?
If you have been accused of committing a crime and law enforcement officers violated your personal rights, you should contact a lawyer as soon as possible. A criminal defense lawyer can help you to create a legal defense that can help you to defend against criminal charges, and can guide you on the process of potentially obtaining compensation for any harm you suffered. The sooner you call, the sooner they can get to work helping you with your case.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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