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Atlanta Criminal Defense Lawyers > Blog > Criminal Defense > What Happens To My Case If My Constitutional Rights Were Violated?

What Happens To My Case If My Constitutional Rights Were Violated?


The Constitution of the United States guarantees certain rights to every individual, regardless of the situation. This includes the rights you have during an arrest. However, what happens if those rights are violated? What are the repercussions for your legal case?

If you believe your constitutional rights have been violated, contact an experienced lawyer immediately to determine the best strategy for your unique situation. Our Georgia criminal lawyers at Hawkins Spizman Trial Lawyers can help you take the necessary steps to protect your rights and fight for the best possible resolution of your case.

What Are Your Constitutional Rights During an Arrest?

During an arrest, you have several constitutional rights that must be respected, including the right to remain silent and the right to an attorney. You also have the right to be free from unreasonable searches and seizures, which includes the right to be free from warrantless searches and seizures without probable cause. Additionally, the police cannot use excessive or unnecessary force during an arrest.

In a criminal case, there are four essential constitutional rights that you should be aware of:

  1. The Fourth Amendment: protects you from unreasonable searches and seizures by the authorities.
  2. The Fifth Amendment: ensures that you have the right to remain silent, and you cannot be compelled to testify against yourself.
  3. The Sixth Amendment: provides you with the right to legal counsel and a fair trial.
  4. The Eighth Amendment: protects you from excessive bail and fines, and cruel and unusual punishment.

These rights are vital safeguards that prevent law enforcement officers from overreaching their authority and provide you with legal protection.

How a Violation of Your Constitutional Rights May Affect Your Case

In cases where your constitutional rights are violated, any evidence obtained during the violation may become inadmissible in court. This means that any testimony, admissions, or physical evidence discovered during an unlawful arrest or seizure cannot be used against you. Furthermore, if the violation was severe enough, your arrest may be deemed unlawful, and the case against you may be dismissed entirely.

Steps to Take if You Believe Your Constitutional Rights Were Violated

If you believe that your constitutional rights have been violated, there are several steps you should take to protect yourself and potentially aid in your legal case:

  • Record or remember every detail of the incident, including the names of any police officers involved, the location, date, and time of the violation.
  • Seek legal counsel immediately from a lawyer experienced in handling constitutional rights violations.
  • Disclose your concerns to your lawyer, who can investigate the incident and help determine the best course of action.
  • File a complaint with the appropriate law enforcement agencies or the ACLU.
  • Attend every court hearing related to your case, and object to any evidence obtained as a result of the suspected violation of your constitutional rights.

Working with a qualified lawyer who specializes in criminal law is critical if you have experienced a violation of your constitutional rights. A lawyer can help you identify where your rights may have been breached, assess the strength of your case, and work on getting evidence thrown out if it was collected illegally.

Protect Your Constitutional Rights with a Lawyer

The violation of your constitutional rights is a serious matter, and it can have far-reaching effects on the criminal case. However, knowing your rights and taking the proper steps to protect them can help you achieve a favorable outcome in your case and hold law enforcement accountable if necessary.

Hawkins Spizman Trial Lawyers represent clients facing criminal charges throughout Georgia, including Dunwoody, Gwinnett County, Alpharetta, Sandy Springs, Cobb County, Atlanta, Fulton County, and Johns Creek. Reach out to our office to get the representation you deserve. Call 770-685-6400 to schedule a free case evaluation.

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