How to Know if Your Rights are Being Violated
When someone’s accused you of committing some type of crime, there are rights that you have, and these rights have been guaranteed by the Constitution of the United States. If you’ve been accused, is there a way to know if you have rights that were violated? Below are some questions that you can ask yourself to see if your rights are being violated.
Could you remain silent?
This is among the most essential rights when you have been accused of committing a crime. The police can’t force you to tell them anything. This is from the 5th amendment and it’s your right against incriminating yourself. You don’t have to prove the case for the police. Their job is to gather the evidence that you did it. If you tried staying silent when being questioned and they forced or coerced you to speak, that might have been a violation of your rights.
Were you told anything you said may be used against you?
This is something the police have to tell you. It’s part of the Miranda rights. If the police told you that you could stay silent but they didn’t tell you that it could be held against you if you spoke, then your rights may be violated.
Were you permitted to have a lawyer when you asked for one?
This is another right when you are arrested. You have the right to have a lawyer when you were being questioned. If this was denied to you, that might have been a violation of your rights.
Were you asked questions without a lawyer present?
After you’ve requested a lawyer, the police can’t question you without the lawyer being present. This means that anytime the police speak with you, your lawyer has to be there.
Did you have to pay for your lawyer’s fees?
You’re entitled to have a lawyer, even if you can’t afford one. If your’e unable to afford one, you can have one paid by the state. If you’re in this category, you’ll one of the public defenders.
Did they stop questioning you after you requested a lawyer later?
A lot of times, a criminal suspect will think they don’t need a lawyer. But if you decide later that you want to have one, once that decision’s made, the police should stop questioning you until the lawyer gets there. If not, that might have been a violation of your rights.
Were you treated humanely?
There are a lot of problems with unfair treatment and police brutality. Someone who is suspected of having committed a crime should be treated humanely, even if they did the most heinous alleged crime. If you weren’t treated humanely, like you weren’t given water and food or you had gotten beaten while in a cell or during questioning by police, that would be a violation of your rights.
Were you held unfairly?
It’s not legal for you to be held for a long time when you haven’t been charged with committing a crime. An example would be if you were put in a cell because they thought you killed someone, you have to be charged officially in a certain amount of time. Sometimes this time is 48 hours and sometimes it’s more, based on your state. If you’re held for a long amount of time and its longer than usual, that might have been a violation of your rights.
Were you treated as if you were guilty before being convicted?
If you are being held and waiting for your trial, you can’t be treated as if you’re guilty before you’ve been convicted, even if the evidence is strong that you did it. You’re supposed to be treated as innocent until you’re proven guilty. If you were treated unfairly or punished when you were waiting for your trial, that might have been a violation of your rights.
Was your trial speedy?
You’re entitled to have a fast trial. The government can’t drag their feet and wait a long time for your trial to begin. If you waited a long time, that might have been a violation of your rights.
Did you experience unusual and cruel punishment in prison?
This has to do with the 8th Amendment. After being convicted, you can’t be subjected to any inhumane treatment. An example would be if you’re given dirty water when you want something to drink or your cell had been unsanitary. If you experienced something like this, that might have been a violation of your rights.
When you are arrested because they believe that you committed a crime, you want to make sure that your rights are not being violated. These are the questions that you want to ask yourself when you’ve been arrested to see whether you’re being treated fairly. Otherwise your rights are being violated.
We are located within walking distance of the Lee County and Hendry County Jails. We offer prompt, courteous services to obtain the quick release of our clients from Southwest Florida detention facilities. We also offer bond postings outside our local area through our Surety Network. We accept all major credit cards, Western Union, and personal checks.