What Are the Steps to Take If You Believe Your Constitutional Rights Were Violated in Salem MA?

You’re facing drug possession charges in Salem because the police found drugs in your car. But you’re positive that the drugs aren’t yours. What should you do to avoid a criminal record and possible jail time? How do you ensure that your constitutional rights aren’t violated?

The police often make mistakes in the course of their work. They can search your car without a warrant. They may pull you over when they don’t have any legal reason to do so. Or they may go through your phone illegally. So what do you do if any of these violations occur?

Salem Criminal Defense Lawyer Read and Understand the Law

It’s imperative to understand the constitutional rights and protections available to you. If you suspect that your rights have been violated, such as denial of legal representation or speedy trial, or illegal confiscation of evidence, take your time to learn these matters. Before you take someone to court, you want to ensure that your constitutional rights were actually infringed upon and that your case would have merit according to the law.

Hire a Criminal Lawyer

If you believe the cops infringed on your constitutional rights, you first need to contact an experienced Salem criminal lawyer to assess the strength of your case. You’ll need to provide a full summary of the details of your case, including the name, contact information, and addresses of witnesses who can give solid evidence to back up your case.

Your criminal defense attorney will go through the police report and compare it with all statements. If your lawyer agrees with you that the cops may have abused your rights, he or she will file a petition to quash the prosecution’s evidence against you. Then a hearing will take place in which the judge will determine if the evidence against you must be quashed. If this occurs, your case is likely to be thrown out.

On the other hand, your lawyer will be honest, upfront and open with you if your case is not strong enough. In that case, they’ll let you know that what you believed was a violation of your constitutional rights was actually within the law.

Go to Court

If you and your attorney decide it’s best to file a lawsuit against the other party, such as the police, your attorney will bring this lawsuit before a judge. Then from there, the judge will determine whether law enforcement violated your constitutional rights and how that would impact your own criminal charge.

Protect Your Constitutional Rights at All Times During Your Criminal Case

At Paul R. Moraski law office, we know and respect the significance of the constitutional rights at play in any criminal case. We know that not only do constitutional rights exist at the trial stage, but they also continue to exist through the appeal phase of any criminal defense case.

Whatever offense you’ve been charged with in Salem, we can take a look at it and give legal advice regarding your options. Be sure to call Attorney Paul R. Moraski at (978) 397-0011 for more information or to book a free initial consultation.