Any person that has been arrested in connection with a crime has legal rights under the United States Constitution. This includes how they should be treated by law enforcement before and during the arrest. If rights have been violated by law enforcement during a DUI arrest, a DUI defense lawyer may be able to use this information to reduce or eliminate charges.
Accused criminals are given their protections in the Bill of Rights, which identifies basic human rights that apply to all. The original purpose of the Bill of Rights was to keep personal freedoms broad while limiting the overall power of the government, which is still works to do at this time.
Were my rights violated?
In the heat of the moment, how can anyone know if their rights were violated? The Willis Law Firm shares a list of some of the ways someone can tell if their rights have been violated in an arrest.
Individual rights may have been violated when they are:
- Not given the option to remain silent about the event
- Not informed that any information could be used against them
- Not allowed an attorney when one was requested
- Asked questions without an attorney after one was requested
- Forced to pay for an attorney instead of given the option of a public defender
- Not given humane treatment
- Held for an extended period of time without being charged for a crime
- Treated as guilty before receiving a conviction while in jail
- Not given a speedy trial
- Subjected to cruel and unusual punishment
The reason why accused criminals are given rights under the law is to prevent abuses by the government and law enforcement. When those in charge of the law do not uphold the law, then actions may be taken to prevent charges and evidence from affecting the outcome of a criminal trial.