What happens to my case when my constitutional rights are violated?

Finding yourself facing criminal charges as we always restate is serious and should be followed by a fast response in hiring a criminal defense team that’s experienced in your case type. However, it’s also important to remember that you have constitutional rights that must be upheld throughout your entire criminal case regardless of the charges. The justice system is designed to protect your constitutional rights, but failures happen within the system which can create opportunities to have your case dismissed if they are breached.

The first step to protecting your constitutional rights if they are violated is to understand your legal rights when interacting with the law and to hire an experienced defense law firm that can help keep your rights secure, even when dealing with law enforcement.

If you believe your constitutional rights have been violated, hire Cofer Luster Law Firm, P.C. by calling 682-777-3336 immediately for some of the best criminal defense attorney counsel that money can buy.

Your Constitutional Rights

You have numerous rights that are provided and protected by the U.S. Constitution and listed within the Bill of Rights. Important rights when facing criminal charges can include:

Fourth Amendment states – Reasonable Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

To summarize, police officers are not permitted to search your home, car, or person without a warrant or without probable cause. If evidence is collected without either probable cause or a warrant, your rights have been violated and at a minimum that evidence should be tossed out. This could also lead to a dismissal of your case. For a full criminal defense investigation into your case that leaves no stone unturned, hire James Luster and Cody Cofer to protect your constitutional rights.

Sixth Amendment – Right to Competent Counsel

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Defendants in criminal cases have the right to “Assistance of Counsel” under the Sixth Amendment to the United States Constitution. Courts have interpreted the right to counsel as encompassing several different rights, including the right to choose one’s own counsel or, if a defendant meets the court’s standards for indigence, the right to court-appointed counsel at the state’s expense. A criminal defendant also has the right to an attorney who is free of conflicts of interest, and to effective assistance of that attorney. Finally, a defendant has the right of self-representation, or pro se representation, in a criminal case, although courts may discourage this.

Eighth Amendment – Cruel and Unusual Punishment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Excessive Force is derived from both the Fourth Amendment under ‘Reasonable Search and Seizure’ and the Eighth Amendment on prohibition on cruel and unusual punishment. The purpose is to prohibit the federal government from imposing unduly harsh penalties on criminal defendants. The phrase “cruel and unusual punishment” has had many different definitions throughout past cases and has caused quite a bit of controversy over the years. Because of this, it can make for an effective defense.

Finding the Best Criminal Defense Lawyer for Your Constitutional Rights

While the Constitution is a pretty short document that’s been read by every lawyer, understanding how the Constitution has been read and interpreted by legal precedent in combination with the ability to fully investigate a criminal case on behalf of the defendant requires top criminal defense lawyers who have experience and a relatively high dismissal record. Cofer Luster Law Firm, P.C. fits right in as our competent defense attorneys understand both the laws, regarding criminal prosecution, what’s happening on the side of the prosecution, how to find missing and omitted evidence, and the entire county, state, and federal court system. All these things are a must have requirement for the best criminal defense lawyers in Texas.

Contact Us

Solve question
This field is for validation purposes and should be left unchanged.