Every US citizen has certain rights. This is especially important when someone is arrested. It is vital that no one’s rights are ever violated, but what happens if it happens to you? Ultimately, it depends on which of your rights are violated. There is a chance that your case will be dismissed entirely. However, this is not a guarantee. This guide will explain what your rights are in the criminal justice system and what happens if they are violated.
The Miranda Warning
The most famous rights that everyone who is placed under arrest are explained in the Miranda warning. You have probably heard this before in a movie or television show. It is the saying that begins with, “You have the right to remain silent.” What does this actually mean? The Miranda warning lays four rights out for the accused individual:
- The right to not say anything, which could incriminate him or her.
- The right to know when everything he or she says is officially on the record.
- The right to have an attorney, even if he or she cannot afford one.
Additionally, everyone has the right to have the Miranda warning read to them.
There are several other rights that everyone has while under arrest which essentially just correspond with humane treatment. Everyone has the right to be held in a safe environment with food, water, and medical treatment. Additionally, everyone has the right to know what they are accused of, the right to contact loved ones and an attorney, the right to have support during interrogation, and the right to an interpreter in case they speak a foreign language.
If Your Rights Are Violated
What happens if your rights are violated depends on which right is violated. If you are not read the Miranda warning, then nothing you say can be used as evidence against you. The Miranda warning essentially tells the accused that everything is officially on the record. This will not the case until it is read, even if its reading is delayed. A failure to have the Miranda warning read is a rights violation, but it is not grounds for the case to be dismissed.If you have suffered a more severe rights violation, such as being held in an unsafe environment or denied needed medical treatment, you have a much stronger case for charges to be dropped.
The most important thing for you to do is tell an attorney, like a criminal defense attorney in San Francisco, CA from The Morales Law Firm, about the violation you have suffered, as a legal professional will know what to do.