3 Of The Most Commonly Violated Rights Of The Accused
If you are facing criminal accusations, you might believe law enforcement officers violated your rights. Well, you could be right. Law enforcement officers frequently violate suspects’ rights during arrests and investigations. If law enforcement officers have violated your rights, you could use the violation(s) as a defense in your case. In this article, we discuss three of the most commonly violated rights of the accused.
Right #1: The Right To Remain Silent
After you are arrested, the arresting officer is required to read your Miranda Rights. The first right you have under the Miranda warning is the right to remain silent. The right to remain silent implies that you cannot be compelled to incriminate or testify against yourself. As an accused, you are not under any obligation to answer police questions about the alleged crime. Unfortunately, police officers often disregard this right. Some officers continue questioning suspects even after they have invoked their right to remain silent. If a police officer keeps questioning you after you have invoked your right to remain silent, this is a violation of your Miranda rights. Any statements you make after invoking your right to remain silent may not be used against you in court.
Right #2: The Right To Be Represented by an Attorney
This is another right that is read in the Miranda warnings. You have the right to be represented by an attorney even if you can’t afford one. If you can’t afford legal counsel, the state is required to appoint one for you. On the other hand, if you can afford an attorney, you have the right to hire a private defense attorney. After you are arrested, you have the right to ask that an attorney be present before you answer any police questions or give any statements.
Unfortunately, law enforcement officers frequently try to dismiss requests for an attorney. Police officers looking for convictions usually ignore requests for legal counsel because they know an attorney can advise the suspect regarding their rights and build a strong defense that can help prevent a conviction.
Right #3: The Right To Be Free From Unlawful Searches and Seizures
An unlawful search and seizure occurs when;
- A search and seizure is conducted without a legal search warrant, or
- A search and seizure is conducted without probable cause, or
- The authorized scope of search and seizure is extended without authorization.
Regrettably, many police officers ignore criminal suspects’ right to be free from illegal searches and seizures. Police officers frequently conduct searches and seizures without warrants or probable cause. Police officers often extend the scope of the search and seizure without authorization. If any of these things happened in your case, any evidence obtained through the illegal search could be deemed inadmissible in court. However, you need the help of an attorney to file a successful motion asserting that evidence obtained through an unlawful search should not be allowed in court.
Contact an NYC Criminal Defense Attorney
If you are facing criminal accusations and believe your rights were violated, contact our skilled and dedicated NYC criminal defense attorney, Mark I. Cohen, Esq. Whether or not your rights were violated, we can help you fight your criminal charges. If your rights were not violated, several other defenses could be available in your case.