Even if law enforcement has arrested you, you still have Constitutional rights. While it’s natural to feel overwhelmed and intimidated by what the days, weeks, and months ahead may hold, you should recognize that you have several rights that must be protected and upheld throughout the entire criminal justice process. First, contact a skilled criminal defense lawyer as soon as possible to discuss your situation. From there, your attorney will evaluate your case, looking for potential violations of your rights and working hard to defend your future and your freedom.
Your Right to Remain Silent
Under the Fifth Amendment of the U.S. Constitution, defendants have the right to protect themselves from self-incrimination. This means that no one can compel you to testify or admit to anything during the criminal investigation or trial. After an officer places you under arrest for drug charges, if they want to ask you questions, they must inform you of your rights. If law enforcement fails to read you your rights after the arrest process, your defense attorney will work to exclude any statements you made after the arrest from the trial.
Unlawful Search and Seizure
The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures. This means that law enforcement cannot come into your home without probable cause to search for drugs or substances. Additionally, if a police officer walks by your vehicle and decides to search it for illegal substances without probable cause, your defense attorney will push back against this violation of your rights. However, if an officer sees drugs or drug paraphernalia in plain view, they are allowed to search your vehicle and possibly arrest you for drug possession. If you think law enforcement subjected you to an unlawful search and seizure, discuss this concern with your criminal defense lawyer.
Use of Excessive Force
As long as you remain cooperative and calm during your arrest, police officers do not have the right to use unreasonable force against you. While law enforcement may use “reasonable and necessary force” to overcome resistance to an arrest, their use of force must be proportional. If you believe you suffered any rights violations during your arrest, your lawyer will work hard to defend your rights and your freedom.
If you are facing drug crimes charges in Pearland or the Houston area, call the Law Offices of Keith G. Allen, PLLC today at (832) 230-0075 to schedule a free consultation with a dedicated criminal defense lawyer.