Every US citizen is granted certain rights. Among these, your rights in the criminal justice system are among the most important. Anyone accused of a crime needs to have certain rights so justice can be served, whether they are innocent or guilty. But what happens if your constitutional rights are violated? Ultimately it depends on which rights are violated. This guide will explain what happens in this situation and what your rights are. If you suspect your rights have been violated, make sure you tell your attorney as soon as possible.
First things first, there are certain human rights that everyone always has. These include:
- The right to food and water while incarcerated
- The right to a safe environment while incarcerated
- The right to contact loved ones while incarcerated
- The right to medical treatment while incarcerated
- The right to have support during interrogations
- The right to have an interpreter present during interrogations
On top of these human rights which must never be denied, there is something called the Miranda warning. This lays out four basic rights that everyone has after being arrested. You are probably already at least partially familiar with the Miranda warning, if not in name, as it is very commonly portrayed in television and movies.
The Miranda warning is a right in and of itself. Everyone has the right to have the Miranda warning read to them upon being arrested. Further, the Miranda warning states that you have the right not to say anything, the right to know anything you do say is on the record, and the right to a public defender.
If Your Rights Are Violated
What happens when a right is violated depends on which right is violated. If a basic human right is violated, that may be grounds to have the case dismissed. Your criminal defense lawyer in Bloomington, Illinois will know the best way to leverage it to make that possibility as likely as possible.
If you were not read the Miranda warning, or not read it right away, then anything you might have said was not on the record until the Miranda warning was read to you. Nothing you said during this time can be used as evidence against you, and your attorney can make sure those pieces of evidence are thrown out. Violations involving the Miranda warning are rarely grounds for the entire case being dismissed. No matter what, telling your attorney so the appropriate action can be taken should be your first priority.
Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and your constitutional rights.