Violation of Your Rights

This could happen in many ways, such as your Miranda Warning being violated, or that police committed an illegal search and seizure of you or your property. These are considered “technical” defenses,  because they do not mean you are not guilty of a crime, but they are simply defenses against certain evidence that was obtained, that we would argue should not be admissible in Court against you.

Generally, once police have placed you under arrest, and began questioning you, they are required to read to you your rights. Most important of these, is your right to remain silent. If they fail to read those rights to you, while you are being detained and questioned, then the court will deem that to be a Violation of your Rights, and your statements would be thrown out of Court. Keep in mind, however, that there is no absolute requirement for police to read you your Miranda Warning. Police can simply arrest you and take you to the station. So long as you are not being questioned and in police custody (typically handcuffs), then Miranda will not save you here.

Another issue could be a violation of your Fourth Amendment rights. This is commonly attacked in California under PC 1538.5, which is a motion filed and argued in Court. A common example of this is during a DUI stop. Police have to have Probable Cause to pull you over, or else everything else that comes after that would not be admissible against you in Court. If you leave a bar and police see you, decided to follow you, then stop you because you left a bar – then that would be an illegal stop. Many times in these DUI arrests, police find a reason to stop you, even if it isn’t actually what took place. Video evidence of the alleged traffic violation is therefore crucial in fighting cases like these. If it is determined that the police did not have Probable Cause to stop your vehicle, then anything after that – meaning your DUI arrest, would be thrown out, and your case dismissed.

Coerced confessions are a common issue in serious sex cases, where the police pressure the defendant in the interrogation room with threats of never seeing daylight again, losing their kids, and feeling utterly hopeless. Many individuals, overwhelmed by the relentless questioning, end up confessing just to halt the interrogation. This coerced confession, where the person tells the police what they want to hear out of desperation, can result in the confession being inadmissible in court. To learn more about defending your rights, reach out to criminal defense attorney Adam Jackson in Ontario, CA, for a complimentary consultation and case review at 909-939-7126.