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Criminal defense includes questioning any violation of rights

California police officers make numerous arrests every day of the year. While their job is to protect and serve the public, part of that job is also to consider and protect the rights of those whom they arrest. Those who have been arrested and accused of crimes have the ability to question whether their rights have been violated. If suspected, a strategic criminal defense may include examining the treatment of the accused by law enforcement officials.

There is no doubt that police officers do have a difficult and dangerous job. However, there are certain things that they and other law enforcement staff are required to do when making arrests and processing those suspected and/or accused of crimes. These include:

  • Informing suspects of their Miranda rights
  • Treating suspects humanely
  • Not holding suspects longer than legally allowed

The failure to do any of the above could be considered a violation of the rights of the accused. While it is important to maintain a good working relationship with law enforcement officials, a criminal defense attorney may question their actions and intent. If needed, it may be possible to gain access to documentation to review the treatment of a client -- from the time of their arrest through trial and, if convicted, even incarceration -- to ensure all interactions have been aboveboard.

Criminal cases in California are not taken lightly, regardless of the charges filed. However, with the help of an experienced criminal defense attorney it is possible to ask and find the answers to tough questions -- such as whether the rights of the accused have been violated. Further assistance is available to determine the best course of action to pursue that will protect the current and future interests of the accused.

Source: FindLaw, "Getting Arrested Checklist: Have My Rights Been Violated?", Accessed on April 21, 2015

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Former Criminal Prosecutor With Proven Results