Violation of Rights
Living in the United States, you have certain freedoms and protections under the Constitution. This document, drafted by the founding fathers of the nation, allows people to bear arms, practice a religion of their choice, peaceably assemble in protest and to enjoy other rights. If you believe you have not been afforded your Constitutional rights, you have the opportunity to defend yourself. Hiring an experienced attorney is one of the most important steps you should take.
Understand the Law
Before pursuing legal action, it is helpful if you have some basic knowledge of constitutional law. Understand these basic constitutional rights so you can support the belief that they were indeed violated. You don’t have to be an expert on these issues, but it’s critical that you can present a valid argument in a court of law. If you are prepared with this knowledge, it will go a long way toward helping you in the next step of the process.
Speak to an Attorney
Thankfully, you don’t have to defend yourself in a constitutional rights violation case. A competent lawyer will be your representative to ensure that your rights and interests are upheld. If you are accused of a crime, your lawyer will work to identify ways in which you were taken advantage of. Plus, a lawyer has experience defending clients like you. This professional knows the law and can help you build a case to demonstrate how an individual or entity violated your constitutional rights. Your lawyer will also be frank and open. If your case doesn’t have merit, your attorney will be honest and advise you to not go forward with the lawsuit.
Bring the Complain Before a Judge
A constitutional rights violation case is a federal court matter. You and your attorney would stand before a judge to lay out your claims. The judge will decide whether there is validity to your arguments whether you intend to sue a police officer or government official. If your rights were indeed violated, it will likely have an impact on your own criminal proceedings. For example, if you are suing for illegal search and seizure, the judge may throw out your case and award you for damages. If the judge doesn’t find that your constitutional rights were violated, your attorney can advise you on the next steps to follow.
Even if you are involved in a criminal case, you still have basic constitutional rights. If you believe you have been treated unfairly, speak to a criminal defense lawyer in Bloomington, IL to discuss your options and prospects of filing a lawsuit.
Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and your constitutional rights.