If you have recently been arrested, and your rights were violated, you probably have a lot of questions. What is supposed to happen next? You may have heard that you should be released entirely if your rights were violated, but things are a little more complicated than that. It depends on what state you are in, but the first thing you should do is always tell your attorney that your rights were violated. Your legal representative will know what the best thing to do is and can give you specific advice relating to your unique situation. This guide will give you more general information.
If the violation of your rights was severe enough, you very well may be released entirely without being tried. Usually, this only applies to the lack of basic human rights, such as receiving food, water, shelter, and medical attention while incarcerated. Many people wrongfully believe that any right being violated instantly means they are off the hook. This is not the case, but there should be consequences if any of your rights are violated. Your chances of winning your case increase in most cases if you suffered some kind of violation.
The Miranda Warning
One of the most common rights violations is a failure to read the Miranda warning when being arrested. In some states, this is grounds for the complete dismissal of the case. In other states, a failure to read the Miranda warning just means that some extra benefits apply related to what the Miranda warning is.
For example, the second right in the Miranda warning is the right to know when your words are officially on the record. When this is read to someone being arrested, everything they say can be used as evidence against them in court. While failing to read this out is a violation of rights, the consequence is that the individual’s words cannot be used as evidence. The trial will continue, but it may no longer succeed without this extra bit of evidence. The Miranda warning can be read at a later time to reinstate this legal limitation.
There are many rights that everyone has after being arrested, such as the right to an interpreter during interrogations, or the right to call loved ones. Usually, these violations are handled on a case-by-case basis. The result will match the severity of the violation. Again, you should immediately tell the best criminal defense lawyers in Rockville, MD if any of your rights were violated.
Thanks to the Law Office of Daniel J. Wright for their insight into criminal law and having your rights violated after being arrested.