While there is nothing that is pleasant about being charged with a crime and embarking on the criminal process, a person facing criminal charges can take solace in the fact that the justice system is designed to protect their constitutional rights. The following provides a brief review of some of the most important constitutional rights you have, and what may happen to your criminal case if these rights are breached–
Your Constitutional Rights
You have numerous rights that are provided and protected by the U.S. Constitution. Some of the most important of these rights include:
The right to be protected from unlawful search and seizure. Police officers are not permitted to search your home, car, or person without a warrant, or without probable cause. If evidence is collected against you in an illegal fashion, your rights have been violated.
The right to be protected from unreasonable use of force. When police arrest you, and during their interactions with you, they must refrain from using an unreasonable amount of force. If police unnecessarily restrain you, shoot you, taser you, or cause harm to you otherwise, police brutality has occurred.
The right to competent legal representation. Not only do you have the right to be represented by an attorney – and one will be provided for you if you cannot afford one – but you have the right to be represented by a competent attorney. If your attorney is ineffective and is not working in your best interests, your rights have been violated.
How a Breach of Your Rights May Affect the Outcome of Your Case
If your rights are breached, your criminal case may be significantly affected. Having an experienced attorney on your side who can help you to take action if your rights are violated is essential. Some ways in which your case may be affected include:
Evidence may be withheld from court. If evidence against you was illegally obtained, for example, if police coerced a confession or if they illegally searched your home, then your attorney can file a motion to have this evidence withheld/suppressed from court. This means that it cannot be presented to the jury and used against you.
Your case may end in acquittal. In the event that evidence was illegally obtained, the prosecution may not have enough legal evidence against you to secure a conviction. As such, charges against you may be dropped, or your case may end in an acquittal.
Right to appeal or request a new trial. When your constitutional rights are breached during the criminal justice process, and the breach contributes to a guilty conviction, you can pursue an appeal based on an error in the criminal procedure or jury misconduct, or file a motion for a new trial. A new trial gives you a whole new trial before a new jury; an appeal asks a higher court to review the court record for your case and issue a determination about whether or not justice was carried out.
Contact Our Law Firm Today
At The Law Offices of Paul R. Moraski, we understand the importance of ensuring defendants’ constitutional rights are protected. When our criminal defense lawyer represents you, he will work hard to protect your rights, and act quickly if your rights are violated. To schedule a free consultation with Paul Moraski today, write us a message online or call Paul directly: (978) 397-0011