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In the U.S., it isn’t uncommon to hear about cops who abuse their power or violate a person’s rights. When you are arrested, you still have rights within the justice system that law enforcement cannot ignore. If they do, this is not only punishable, but it can lead to the court throwing out any confessions or statements that you may have made. The following are common examples of rights violations.
Even after an arrest, an accused person still has to be treated humanely. Cops are not allowed to use excessive force with a person. In addition, when you are in police custody, the cops cannot deny you food and water or harm you while in their custody. If this happens to you, it is a gross violation of your rights.
You have the right to remain silent. The police should have informed you of this during your arrest. If you are forced to speak, then the police are in violation. Your right to remain silent is extremely important. This is the right that protects you from self-incrimination. You should not feel coerced or forced into saying anything until you have an attorney present. An interrogation is also invalid if the officer does not inform you of your rights beforehand. Likewise, if an officer does not tell you the consequences of speaking, this may be a rights violation.
You have the right to an attorney. If the police refuse to offer you an attorney, then this is in direct violation of your rights. Every accused person has the right to an attorney. This right applies to interrogations and to the trial itself. While some people who face an arrest are overly confident and may choose to go without an attorney, it is important that you stand up for yourself and demand your right to an attorney. The police cannot question you further until the attorney arrives. When the lawyer arrives, he or she can advise you on what to and what not to say.
Do you think that your rights have been violated? If you were recently arrested and had any of the above instances occur, then your rights may have been violated and any confession or statements that you made could be thrown out. To find out more about your rights in the criminal justice system, set up a consultation with a felony lawyer in Oakland, CA today.
Thanks to Hallinan Law Firm for their insight into criminal defense and what to do if your rights have been violated by police.