Can I get my charges dropped if there was a violation of my constitutional rights?

If you are facing criminal charges, you may find solace in that the justice system is designed to safeguard your constitutional rights. Many people wonder what would happen to their case if their constitutional rights were violated. To maximize your chances of avoiding a criminal conviction, it is in your best interest to retain the legal services of a skilled Bergen County Criminal Defense Attorney who can protect your rights. Please continue reading to learn what could happen to your case if your constitutional rights are violated. 

What could happen to my case if my constitutional rights are violated?

If your constitutional rights have been violated, it will significantly impact the outcome of your case. When facing criminal charges, you need an experienced attorney to help you take the necessary steps if your rights have been violated. It is imperative to know your constitutional rights to ensure they are not broken, and you are not unfairly prosecuted. For instance, in some cases, your attorney may file a motion to suppress evidence. However, the court will only exclude evidence from being presented if it was illegally obtained through an unlawful search and seizure. The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures the government performs. Therefore, if law enforcement officers conducted an unreasonable search and seizure, any evidence they acquired is inadmissible as it violates your Fourth Amendment right. By filing a motion to suppress evidence, the court may bar the prosecution from presenting critical evidence which could affect their ability to prove their guilt beyond a reasonable doubt. That said, filing a motion to suppress evidence can potentially lead to reduced or dismissed charges as the prosecution may not have enough evidence to prove guilt.

Moreover, violating your constitutional rights during the trial could affect whether you are convicted. If you believe you were unfairly prosecuted due to a significant error or misconduct, you can file a motion for a new trial. Essentially, you can appeal the court’s decision. However, you must prove that a severe injustice prevented you from receiving a fair trial, leading to your guilty conviction. A qualified attorney can help you determine whether you should file a motion for a new trial. Ultimately, if your constitutional rights are violated, it could lead to reduced or dropped charges.

Contact a determined Bergen County criminal defense attorney at The Law Offices of Carl Spector today if you are facing criminal charges. Our firm is prepared to defend your rights vigorously. With years of experience, you can trust that our legal team will safeguard your rights and take action if your rights have been violated to ensure you receive a fair trial.