Everyone has certain rights in the United States – and that also includes people accused of committing a crime. Most of these rights are guaranteed by the Constitution of the United States. It’s critical that you are aware of your rights because a violation by an arresting police officer in Auburn, AL may bolster your chances of having the charges dismissed or dropped. This short guide will help you determine whether your rights were violated or not during your arrest in Auburn, Alabama.
You Were Not Allowed to Remain Silent
The most important right of an arrested person is the right to remain silent. The arresting officer in Auburn, AL cannot use force to make you divulge information. This right stems from the right against self-incrimination of the Fifth Amendment. In short, while you can accept plea bargains and lenient sentences against information, you are not required by law to prove your case to the police.
It is the job of the police to develop adequate evidence for proving that you committed the crime. The US Supreme Court case of Miranda v. Arizona confirmed the right to remain silent. Your rights have been violated if you were forced or coerced into speaking when you tried to remain silent during police questioning.
Further to the right to remain silent, the police are required to inform arrested suspects that if they choose to speak anything they say can be used against them in a court of law. Your rights may have been violated if you were told about remaining silent, but not informed about the consequences of choosing to speak.
You Were Not Allowed an Attorney
The right to an attorney is the absolute right of a person arrested for a crime during questioning in Auburn, AL. You also have the right to have counsel during trial. Your rights may have been violated if you requested an attorney during questioning, but the police denied the request.
The police are essentially prohibited from asking any questions without an attorney later when the accused requests the assistance of a lawyer. In short, your right to attorney extends to the first as well as all subsequent talks with the police. You should not be forced to pay for the attorney’s fees either.
An arrested person is entitled to be represented by a state-paid and appointed attorney if they cannot appoint an attorney as per the county or state’s guidelines. A public defender will be assigned to represent you if you fall within the category.
It’s crucial that the questioning stops until the attorney arrives. This is true even if you did not ask for the attorney initially but wanted one when you were questioned. Criminal suspects may have a false sense of confidence that they can handle the questioning and the matter on their own. Stemming from this, suspects have the right to change their minds even if they decided to answer police questions without an attorney at first.
The Police Treated You Inhumanely or Unfairly
Police brutality and unfair treatment continue to happen in Auburn, AL, and other parts of the United States. Every criminal suspect is entitled to be treated humanely, regardless, of their alleged crime. Your rights have been violated if you were beaten during questioning or while kept in the holding cell. The same holds true if you were deprived of food and water.
Prisoners are guaranteed freedom from “cruel and unusual punishment” as per the Eighth Amendment to the US Constitution. Any inhumane treatment that violates basic dignity can be found to be cruel and inhumane. For instance, if you were only given dirty water to drink or the cell was unsanitary, then your rights may have been violated.
You Were Treated as Guilty Before Conviction
The police and other inmates cannot hold criminal suspects awaiting trial to be treated as guilty individuals when being held in jail. No matter how strong the evidence is, the suspect should be convicted. This is the cornerstone of the US criminal justice system. You are innocent until proven guilty. Your rights may have been violated if you were treated unfairly or punished while awaiting trial.
Your Trial Was Not Speedy
No matter how heinous your alleged crime is, the government cannot hold you for a long time without charging you with a crime. For instance, the police need to charge you officially with the crime within the specified period if you are kept in a holding cell. The time limit is different for different crimes, but mostly charges are supposed to be filed within 48 hours.
Your rights may be violated if you are held for longer than the legal amount of time without being charged. The government is not allowed to drag their feet purposefully once they are charged. They cannot wait to commence a trial. Your rights may have been violated if the government purposefully did not get the proceedings started.
Talk to a Reputable Auburn Criminal Defense Attorney Today
The experienced Alabama civil rights and criminal defense attorneys at Alsobrook Law Group have extensive experience in cases where powerful entities trample the civil rights of individuals. Schedule your free case review with our lawyers today. Call us at 334-737-3718 or contact us online.