Appeals Lawyer California
Appeals Lawyer California
When an Arrest Violates Your Constitutional Rights
Making a mistake that lands you in legal hot water may be something you have never had to endure before and an appeals lawyer California residents trust knows their constitutional rights can help. When officers ask you questions, you may not know how to respond because you are frazzled by the encounter. While you may feel frustrated afterwards, this is a common response.
Once the incident is over, you may feel like something happened that didn’t seem quite right. While you are not a lawyer, maybe all those years of faithful “Law and Order” watching are bringing up a red flag. Did the officer read you your rights? Did they have the right to search your truck like that? When you are not sure if an arrest was lawful, you may want to refresh your memory on what protection the legal system affords. A constitutional law appeals lawyer in California can help walk you through if your rights have been violated.
The Right To Say No to a Search
One of the fundamental rights in the U.S. Constitution protects people from a stop and frisk type search. This means that a law enforcement officer cannot demand that you give in to a search of your person or your property without probable cause. Probable cause means that a law enforcement official has reasonable suspicion that you are engaging in illegal activity. They have to have witnessed you commit a crime, or you must have a striking resemblance to someone who did. Even then, an officer cannot force you to agree to a search. If you refuse, an officer must get a warrant signed by a judge compelling you to comply. If you think you’ve been searched without probable cause, a California appeals lawyer well-versed in constitutional law may be able to help you seek justice.
The Right to Remain Silent
Miranda rights are some of the most famous lines people know. Police officers must recite this stanza before placing everyone under arrest. A breakdown of these rights includes:
- The right to remain silent – You cannot be forced to incriminate yourself by answering questions. Once you invoke this right, the police must stop questioning you. This also holds true in court. You do not have to bear witness against yourself in a legal proceeding. If you’ve been forced to answer questions that incriminate yourself, you may wish to speak with a constitutional law appeals lawyer in California.
- The right to an attorney – You may ask for an attorney to represent you. Once you invoke this right, the police cannot continue to question you until an attorney is present. It is also your right to have a state-appointed attorney if you cannot afford to hire one.
- The right to invoke – You do not have to invoke any of your Miranda rights when they are first read. You may choose to invoke your rights at any time during and after an arrest.
If the police violated these or any other fundamental rights, a criminal justice lawyer might be able to help you get the charges reduced or dropped. Contact us to speak with a Kassouni Law California appeals lawyer to receive the guidance on your constitutional rights and whether they were violated.