What if My Constitutional Rights Were Violated?

As Americans, we have certain rights that are provided to us in the U.S. Constitution. Many of these provide us protection if we are ever criminally prosecuted. If your constitutional rights were violated, this may be used as a defense to any criminal charges. In this blog, the Nashville criminal defense lawyers at Andrew C. Beasley, PLLC, discuss your legal options in the wake of a constitutional rights violation and the importance of retaining experienced representation.

Understand Your Rights

Knowing your rights is key to understanding if a violation occurred. Many fundamental rights are listed in the U.S. Constitution, including the right to bear arms, the right to be protected from unreasonable searches and seizures, the right to a fair and speedy trial, the right to face your accuser, and the right to remain silent. Some rights branch off of our constitutional rights, such as the Fifth Amendment protection to have your Miranda rights read prior to being taken into police custody. It is important that you establish if law enforcement violated your rights prior to seeking legal recourse.

Gather Evidence

Once you confirm a violation has occurred, gather evidence to support your claim. This may include videos, photographs, or other documentation that verifies the transgression. For instance, if you have been pulled over by law enforcement due to a reasonable belief that you are intoxicated (i.e., you are changing lanes erratically, running red lights, or swerving in and out of traffic), then you can legally record your conversation between yourself and the police officer. That’s because Tennessee is a “one-party” consent state, so as long as you are part of the conversation, you can go ahead and record.

However, the recording cannot interfere with the officer’s duties. Even if an officer insists that you must erase your recording, law enforcement does not have a legal right to ask that you remove recordings from your personal device. Asking you to erase the recording is a violation of your constitutional rights.

Report the Violation

If the violation pertains to your constitutional rights impacting a criminal case, then you should file a complaint with the Federal Bureau of Investigation (FBI). If the violation involved a police officer’s misconduct, you may report the violation to the law enforcement agency that employs the officer or potentially the Department of Justice. If the violation involved a state prosecutor, then you will want to report the violation to the Tennessee Board of Professional Responsibility. This board is overseen by the Tennessee Supreme Court, disciplining unethical lawyers and prosecutors.

Identify Witnesses

If a police officer failed to adhere to the law, it is important that you identify and find people who saw the incident unfold. These persons may be potential witnesses who can corroborate your story. When a witness’s statement is integral to your case, the court will often issue a subpoena to compel testimony.

Speak with a Nashville Criminal Defense Attorney

If you or a loved one has experienced a violation of their constitutional rights, our Nashville criminal defense lawyers would like to speak with you. With our firm having experience handling hundreds of unique cases, our legal team knows what information to look for based on what laws were broken. If you would like to schedule a free consultation, contact Andrew C. Beasley, PLLC, online or by calling (615) 846-9889.