3 of The Most Frequently Violated Rights of the Accused

November 21, 2024 | Ahmed & Sukaram, DUI and Criminal Defense Attorneys

When a person is arrested and accused of a crime – or during the investigative phase before an arrest has taken place – law enforcement officers often violate citizens’ rights. We typically believe that the police are good and will behave accordingly, but unfortunately, this simply isn’t always the case. Understanding your rights, which are often violated, and what to do after is essential for all potential defendants. Three of the most commonly violated rights include:

Right to Remain Silent

You’ve probably heard this right on TV shows: “You have the right to remain silent. Anything you say can and will be used against you.” It means you don’t have to answer questions or make statements that could be used against you in court. The Fifth Amendment protects you from being forced to testify against yourself. If police are questioning you, it’s okay to politely tell them you want a lawyer.

Unfortunately, the police do not always respect this right. In some cases, they may try to intimidate or coerce you into speaking. If they continue to interrogate you once you’ve said you’d like to remain silent, it’s important to stay firm and stay quiet.

The Right to an Attorney

It is your right to have a lawyer with you during questioning and court proceedings. If you can’t afford one, the state must provide you with a public defender. This right ensures that you have a knowledgeable professional who can guide you and speak for you legally. Having your attorney present can be critical in ensuring your side of the story is heard clearly and fairly.

One of the first things you should do if you’re being questioned or arrested is to ask for a lawyer. Law enforcement must stop their questioning and wait until one arrives, but this doesn’t always happen. Sometimes, they may ignore your request or claim you’re not entitled to a lawyer. In these situations, staying calm and reminding them of your rights is important.

Protection Against Unlawful Search and Seizure

The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by the government. This means law enforcement officials must generally have a valid warrant based on probable cause before searching your property or person. Certain exceptions to this requirement exist, such as when evidence is in plain view or if there is a risk of destruction of evidence, but these exceptions are narrowly defined.

This seems straightforward and easy to abide by, but this right is actually violated quite often. For example, police may claim they had probable cause to search your car when, in reality, they did not.

There are many other ways that police and the prosecutor can and do violate defendants’ rights, but these are three of the most common.

What To Do If Your Rights Are Violated

If you believe your rights have been violated, you can and should take certain steps to ensure your safety and ensure you receive due process.

Remain Calm and Gather Information

When you feel your rights are being violated, it’s important to stay calm and collected. You should note all the details surrounding the incident — record the time, place, and names of any officers involved. If possible, write down the names and contact information of any witnesses present.

Even if you believe the police are doing something unlawful, it’s in your best interest to remain calm and not resist. If you do, you could end up facing more charges.

Assert Your Rights

Politely but firmly assert your rights. For instance, if you’re being searched without a warrant, remind the officer of your Fourth Amendment rights. Be respectful in your communication, as this can help de-escalate the situation. Don’t ever physically resist – just keep note of what’s going on and document it as best you can.

Seek Legal Advice

Consult with a lawyer who can provide guidance on your situation. An experienced attorney can help identify any legal errors that occurred and advise you on potential next steps. They can represent you if you decide to file a formal complaint or take legal action. They can also represent you against any charges you’re facing.

File a Complaint

Consider filing a formal complaint with the appropriate authorities or oversight bodies. This could include the police department’s internal affairs division, for example. Your lawyer can help you determine how to do this.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, DUI and Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

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(650) 299-0500