You have rights. Knowing your rights as set forth by the United States Constitution can be your number-one line of defense against any charge. If your rights are violated during an arrest or during any other criminal procedure, your case could get dismissed. We’ll go over the most important constitutional rights that come into play during a criminal investigation.
Your Constitutional Rights
The Fourth Amendment protects against unreasonable searches and seizures. This means that there are only a few instances where the police can search you or your home.
The police need a warrant to search you or your home. A warrant will be issued by the judge if there is probable cause the search will reveal incriminating evidence.
There are some instances where a warrant is not needed to search you or your home. These exceptions are:
- You gave explicit consent to the officer.
- The officer has probable cause.
- Incriminating evidence is in plain view of the officer.
Any evidence obtained through a Fourth Amendment violation can be deemed inadmissible. At Berger Law, we’ll talk through your case to ensure there was no Fourth Amendment violation. It is our goal to bring every fact into the light.
Fifth Amendment: Double Jeopardy And Your Right To Remain Silent.
The Fifth Amendment of the U.S. Constitution touches on numerous procedural limits. The most important clauses in the Fifth Amendment to know are the protection against double jeopardy and the protection against self-incrimination.
Double Jeopardy means that the court cannot prosecute you again for the same crime after you’ve been convicted or acquitted. If you were charged with assault and were acquitted, the court cannot prosecute you again.
There are some exceptions to double jeopardy:
- A civil case could be brought against you even if you were acquitted in a criminal case.
- If you violated both state and federal law, you may be tried by both state and federal governments based on the same elements of the crime.
You also have a constitutional right against self-incrimination. You may have heard of this phrase: “I plead the fifth.” This is an important phrase to familiarize yourself with. This phrase protects you from being a witness against yourself.
If you being questioned by the police or the courts, you have a right to remain silent. It is imperative that you explicitly assert this right upon any interrogation by a police officer. If you’ve been arrested, invoking your right to remain silent can prevent the prosecution from building a strong case against you.
The Sixth Amendment guarantees your right to a speedy and fair trial. The Sixth Amendment also guarantees your right to an attorney.
This constitutional right is crucial. After you’ve been arrested, you may feel alone. The police may trick you into believing they are your best friend. Falling into that trap can be the difference between a conviction and walking free.
Upon arrest, invoking your right to remain silent and hiring an attorney can help your case immensely.
We Want To Protect You – Know Your Constitutional Rights
It is our belief that every individual in the United States of America SHOULD be protected against constitutional violations. Unfortunately, rights violations happen all the time. Our team is available to answer all of your questions. We have an investigator that will obtain the evidence needed to help your case. Every client gets Alex’s personal phone number.
Our team is passionate about protecting their community. We would hate to see any person be unfairly prosecuted. At Berger Law, you aren’t just another client. You are our number one priority. Don’t hesitate to schedule a consultation today so we can help ensure your constitutional rights are protected.