If you are involved in a domestic violence case and you feel that your rights may have been violated at some time during the case, you may have the right to relief. Police must follow Georgia's law just the same as citizens. If the police did something wrong in your case, make sure to discuss it with an experienced criminal defense attorney today.
Violation of Rights in Georgia Criminal Cases
If you have been arrested or had charges filed against you in Georgia for domestic violence or a related offense and you feel that your rights may have been violated at some point during the investigation of your case, you may have the right to get your case dropped. The police must follow certain procedural laws in handling criminal cases to make sure your constitutional rights are protected. The following are important parts of the procedural process that you should be aware of:
- Search and seizure of evidence in your case must be conducted properly. The police must have a search warrant in most cases to search or seize your property. There are some circumstances under which the police may search and seize property without a warrant. A warrant must stand with probable cause.
- If you were arrested, the police must have established probable cause in making the arrest.
- Once you are arrested, the police must give you a Miranda warning. This involves the police informing you of your rights which include the right to remain silent, to have an attorney whether or not you have the money to pay for one. You should also be informed that anything you say can be used against you.
- Once you hire an attorney, you have the right to have your attorney present during all conversations regarding your case with the police. If they attempt to discuss your case without allowing you to have your attorney present, you may have encountered a violation of this right.
- There are other potential ways in which your rights may have been violated during the criminal process. If you have questions about how your case was handled, contact a criminal defense attorney today.
Getting Legal Help
An attorney experienced in Georgia criminal law can help you handle your domestic violence case. She can advise you of your rights if you feel that you have experienced police misconduct during your case.
