Nobody plans to end up in a situation involving law enforcement, but it happens. Sometimes, while enforcing the law, the police overstep their boundaries.
If police arrested or investigated you, it's worth asking yourself, "Did the police violate my rights?" These violations, if proven with the help of an experienced Savannah criminal defense attorney, can dramatically change the direction of your case.
Common Ways Police Might Violate Your Rights
Your constitutional rights aren't optional. They apply to you at every stage of a police interaction. Unfortunately, some officers intentionally or unintentionally ignore the boundaries set by the law:
Unlawful Searches and Seizures
The Fourth Amendment shields you from baseless searches of your home, car, or person.
A search must follow legal procedures such as:
- Officers need probable cause or your clear consent unless they have a valid warrant.
- A warrant should specify what they're looking for and where they're searching.
- A court may throw out evidence taken outside the scope of that warrant.
Hiring a criminal defense lawyer after your arrest can determine the scope of the violation and use it to challenge the admissibility of evidence in court.
Not Reading Miranda Rights
"You have the right to remain silent." We hear this phrase on TV shows, but in reality, police sometimes fail to provide it. They must inform you of your Miranda rights when they arrest you. If police skip this step, you can challenge any statements they take from you in court.
However, not all interactions with police require a Miranda warning. For example, courts may admit voluntary statements made before police take you into custody or during routine traffic stops.
Determining whether a Miranda violation occurred and whether this defense can lead to a court excluding evidence can require a criminal defense lawyer’s analysis. A legal professional can help assess the situation and build a case if your rights were violated.
Improper Arrests
Police need probable cause for any lawful arrest. That means hard evidence or reasonable suspicion must connect you to a crime. An arrest based on assumptions or vague accusations could violate your rights.
You won't know if you can use rights violations for lack of probable cause as a legitimate defense strategy until you contact an experienced attorney. They can look at the circumstances that led to the arrest and potentially challenge the case based on these rights violations.
Excessive Force
Police may only use the force necessary to control the situation. Anything beyond that could harm you and violate your Fourth Amendment protections.
This issue often arises when emotions run high, such as during protests or tense traffic stops. If an officer uses unjustified physical aggression, it can lead to additional complications in your case, but it may also open doors for your defense.
How Violations Affect Your Case
Unfair police tactics can change the landscape of your legal battle. Courts often suppress evidence tied to misconduct, greatly weakening the prosecution. This may lead to reduced charges, plea negotiations, or even dismissal.
From small infractions to more serious misconduct, a thorough defense challenging evidence, statements, and the arrest process may protect you from unfair practices that could end in significant repercussions.
The Benefit of Legal Representation
When violations occur, the legal process can be confusing and overwhelming. This isn't something you need to handle alone. A defense tailored to your unique circumstances begins with a deep understanding of your arrest, the police report, and other evidence in your case.
An experienced defense lawyer can make sure every police action is scrutinized for missteps—from unwarranted searches to procedural errors during detention— creating the opportunity for strong legal strategies that:
- Challenge Evidence: Illegally obtained evidence should never be used against you. By filing motions to suppress, these materials may be excluded from court.
- Address Improper Arrests: A motion to dismiss charges might be appropriate if your arrest wasn't based on solid legal grounds.
- Bring Attention to Coercion: You can challenge claims built on intimidation, violence, or unchecked authority head-on.
An informed defense can make the difference between a conviction and a second chance.
Types of Cases Where Rights Violations Often Arise
The Atlantic Law Firm handles many types of criminal cases in Savannah, and issues with police conduct regularly come into play.
Here are some examples:
- DUIs: Traffic stops are a hotspot for rights violations. Whether it's an improper stop or insufficient cause for a breathalyzer, these errors may shape the case in your favor.
- Drug Offenses: Police often push boundaries when pursuing suspected drug activity, including questionable searches of personal property. For those without effective legal counsel looking into these rights violations, you may be on the receiving end of Georgia's strict drug law penalties.
- Criminal Defense Matters: These can include allegations such as theft or resisting arrest. Police misconduct adds another layer to such cases, potentially helping your lawyer challenge the charges.
- Violent Crimes: From arrests made without enough evidence to excessive force during detention, violations may minimize the chances of convictions or derail the prosecution's case entirely.
- Sex Crime Cases: Public opinion often pressures authorities to rush investigations, but those rushed efforts might include missteps that harm the accused person's rights.
- Out-of-Town Arrests: Visitors to Savannah often face assumptions of flight risk, leading to aggressive actions from law enforcement. Knowing the local rules and challenging questionable tactics may help you achieve a favorable outcome.
Every case is different, but patterns of misconduct by law enforcement can often be uncovered through careful investigation. With experienced legal support, you may stand a better chance of seeing your charges reduced or dismissed.
The Atlantic Law Firm | Protect Your Rights With an Experienced Criminal Defense Lawyer
It's important to act fast when you suspect your rights have been violated. Every action taken during your case matters, and fighting improper police behavior requires a structured, strategic legal approach.
The Atlantic Law Firm is dedicated to helping those facing complex legal issues in Savannah. With a dedicated criminal defense attorney who understands the Georgia legal system, you can trust that every detail of an arrest will be checked to ensure the right violations don't cause long-term legal consequences.
If you've been arrested and believe the police stepped over the line, don't wait to seek help. Contact a criminal lawyer online or at (912) 209-9000 to speak with a lawyer today.