When you’re facing criminal charges in Georgia, it’s easy to feel hopeless about the outcome of your case. After all, the prosecution has a seemingly unlimited number of resources to hold you liable. However, it’s important to realize that you have the Constitution on your side. As a criminal defendant, you are granted a number of rights to protect you while you navigate the legal system with the help of a Cobb County criminal defense lawyer. The following blog explores what criminal defendants should know about their rights and why obtaining legal representation is critical if their rights have been violated.
Understanding the Rights of Criminal Defendants in Georgia
When you are charged with a crime in Cobb County, you have a number of important rights provided to you by the United States Constitution and under Georgia’s state Constitution. It’s important to understand that the legal system requires law enforcement, the court, and prosecutors to follow strict procedures to protect the rights of the criminally accused.
The Importance of Knowing Your Rights
Understanding your rights is critical, not only to protect yourself as a criminal defendant, but also to protect yourself over the course of the investigation, such as:
- Preventing self-incrimination
- Ensuring the state cannot use illegally obtained evidence against you
- Having access to competent legal counsel
Your Right to Be Free From Unreasonable Searches and Seizures
The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. Essentially, this regulates when the police may or may not search you, your belongings, your vehicle, or your home.
What Police Must Have
In order to conduct a search, the police must have one of the following:
- Probable cause (reasonable belief of the commission of a crime or that evidence of a crime is present)
- A warrant signed by a judge
- Your consent
It is critical to understand that if a police officer asks to search your property and they do not have probable cause or a warrant, you should not consent to the search.
What Happens if This Right Is Violated
If the police do not have probable cause, a warrant, or your consent to search your property, and they do so anyway, it can have serious consequences. In many instances, your attorney can file a motion to suppress illegally collected evidence. This means it cannot be used during the trial. As such, this can weaken the state’s case against you.
Your Right to Remain Silent (Fifth Amendment)
Generally, one of the most important is the right to remain silent, as guaranteed by the Fifth Amendment. Essentially, this means when you are placed under arrest or interacting with the police, you do not have to speak to them so as not to incriminate or implicate yourself in a crime. If arrested or questioned, you simply have to inform the officer that you are invoking your right to silence.
How The Right Works During Arrest or Police Encounters
When you are questioned by police or placed under arrest, you are not legally obligated to answer any questions. In fact, you should remain silent when interacting with police to avoid accidentally incriminating yourself. Unfortunately, it’s not uncommon for criminal defendants to attempt to defend themselves when speaking with police, only for their words to be held against them at a later date. As such, you should clearly inform the officer that you are invoking this right.
Miranda Rights
When you are placed in police custody in Cobb County, meaning you are not free to leave at any time, the police must read your Miranda rights. These are basic rights that must be read to those in custody. This is also the case during interrogations or conversations that are likely to produce an incriminating response.
In the event that your Miranda rights are not read, your case will not automatically be dismissed. However, it can make statements provided inadmissible in court, which can severely impact the state’s case against you.
Your Rights Under the Sixth Amendment
Some of the most important rights you are afforded in the United States as a criminal defendant are protected by the Sixth Amendment. This protects your right to the following:
- A speedy trial
- To confront your accuser (cross-examination)
- To know what evidence will be used against you
- To an attorney if you cannot afford one
- To an impartial jury
Your Protections Under the Eighth Amendment
As a criminal defendant, the Eighth Amendment provides critical protections that ensure your fair treatment when held by law enforcement.
Protection from Cruel and Unusual Punishment
Law enforcement cannot torture, degrade, abuse, or humiliate you while you are incarcerated. This amendment also protects certain individuals, like those with intellectual disabilities and minors, from the death penalty.
Similarly, this amendment helps ensure that the sentences imposed are proportional, not only to the crime but to the circumstances surrounding the crime. For example, it is generally unconstitutional to sentence a minor to life in prison without the possibility of parole for a murder offense.
Protection From Excessive Bail and Fines
The Eighth Amendment also protects the rights of the criminally accused. It is unconstitutional for bail to be set excessively high based on the circumstances of the case. For example, being held on a $500,000 bail for a misdemeanor offense is generally considered excessive, as the typical bail for these offenses is significantly lower.
What Should I Do if My Rights Are Violated?
If you believe your Constitutional rights were violated, the most important thing you can do is connect with an experienced attorney who can help take the appropriate action to fight for justice.
Common Forms of Constitutional Violations
- Being interrogated by police without being read your Miranda rights
- Having your property searched without probable cause, a warrant, or your consent
- Being subject to excessive force
- Withholding evidence (Sixth Amendment)
- Having your bail set unreasonably high for the crime you are accused of
Work With Our Georgia Criminal Defense Team Today
As you can see, violations of your rights in Cobb County are serious issues. However, trying to fight on your own can lead to unfavorable outcomes. That’s why it’s in your best interest to connect with Miller Law Practice, LLC. Our team understands how complicated these matters can be, which is why we are dedicated to protecting the rights of our clients. Contact us today to learn more.
