Appeals Lawyer California
Appeals Lawyer California
When an Arrest Violates Your Rights
Making a mistake that lands one in a legal predicament may be something you have never had to endure before and an appeals lawyer California residents trust can mitigate the situation. When officers ask questions, you may not know how to respond under the circumstances. It is not uncommon to feel a sense of anxiety in such a position.
Once the incident is over, you may feel 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 read you all your rights in an intelligible manner? Did they have the right to search your truck like that? When you are not sure if a custodial interrogation or search was lawful, you may want to refresh your memory on what protection the legal system affords. An appeals lawyer in California can help walk you through whether 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 reccognized lines in the field of law. It is an absolute prerequisite that police officers inform an individual in custody, prior to interrogation, of four specific warnings or rights. Those rights are:
- 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 an appeals lawyer in California.
- Anything you say can be held against you in a court of law – This is a reminder that if you say anything, these words may be entered into evidence and examined by a judge or jury.
- The right to an attorney before and during questioning – You may ask for an attorney to represent you during questioning. In this instance, questioning is any act or words used by law enforcement that could lead one to give an incriminating response. However, once you invoke this right clearly and unequivocally, the police cannot continue to question you until an attorney is present.
- If you cannot afford an attorney one will be appointed for you by a court of law- It is your right to have a state-appointed attorney if you cannot afford to hire one.
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. Should you choose to waive your Miranda rights, the statement evidence you impart can only be considered by a court of law if the rights were waived knowingly and willingly.
If these rights were violated, 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.