This Is A Civil Right’s Violation!

What Is A Violation Of A Civil Right?

What Is A Constitutional Civil Right’s Violation?

How To Know If Your Civil Rights Have Been VIolated.

Have your Civil Rights been violated?

Read This Article Before You Enter An Attorney’s Office And Pound Your Fist On Their Desk And Shout,
​”My Civil Rights Have Been Violated!!!”.

THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF NEW JERSEY GUARANTEE A PERSON ARRESTED AND/OR CHARGED WITH CRIME CERTAIN FUNDAMENTAL RIGHTS.  CONSIDER THESE RIGHTS TO BE “PROTECTIONS” THAT CAN NEVER BE TRAMPLED UPON OR MORE SPECIFICALLY, “MESSED WITH”.

THE UNITED STATES OF AMERICA IS THE GREATEST COUNTRY IN THE WORLD FOR COUNTLESS REASONS.  SINCE THIS WRITING IS PLACED ON THE WEBSITE OF A NEW JERSEY CRIMINAL DEFENSE ATTORNEY, WE WILL KEEP OUR DISCUSSION OF AMERICA’S GREATNESS TO A LEGAL CONTEXT.  VERY SIMPLY, THE USA IS THE BEST COUNTRY IN THE WORLD BECAUSE OF THE RIGHTS ENUMERATED IN THE BILL OF RIGHTS.

OUR NATION’S FOREFATHERS ESCAPED THE TYRANNY OF ENGLAND AND VOWED TO CREATE A NEW NATION, WITH CERTAIN FUNDAMENTAL RIGHTS THAT CAN NEVER BE VIOLATED.  THE ROLE OF THE AMERICAN DEFENSE ATTORNEY IS NOT ONLY TO GUARANTEE THAT A PERSON ACCUSED OF A CRIME BE GIVEN A FAIR TRIAL; MOREOVER, THE DUTY OF THE CRIMINAL DEFENSE ATTORNEY IS TO SAFEGUARD AGAINST THE VIOLATION OF THESE FUNDAMENTAL CONSTITUTIONAL RIGHTS.

THE RIGHT TO REMAIN SILENT – ONCE YOU ARE ARRESTED, YOU MUST BE MADE AWARE OF YOUR MIRANDA RIGHTS.  THE UNITED STATES SUPREME COURT DECIDED A LANDMARK CASE IN 1966: MIRANDA V. ARIZONA, 384 U.S. 436 (1966)

A DEFENDANT MUST BE ADVISED OF THEIR RIGHT TO REMAIN SILENT AND THEIR RIGHT TO AN ATTORNEY.  IF THESE RIGHTS ARE VIOLATED, ANY STATEMENTS MADE TO THE POLICE (STATE ACTOR) WILL NOT BE ADMISSIBLE AT THAT DEFENDANT’S TRIAL.

IF EVER IN POLICE CUSTODY, YOU HAVE EVERY RIGHT TO REFUSE TO GIVE AN ANSWER OR A COMMENT, REGARDLESS OF HOW INTIMIDATING THE INTERROGATION OR QUESTIONING CAN BECOME. THIS IS A FUNDAMENTAL RIGHT.  WHEN YOU KEEP QUIET, YOU ARE INVOKING YOUR RIGHT TO REMAIN SILENT. YOUR SILENCE IS INTERPRETED TO MEAN THAT YOU ARE INVOKING YOUR RIGHT AGAINST SELF-INCRIMINATION AS STATED IN THE FIFTH AMENDMENT TO THE U.S. CONSTITUTION AND THE NEW JERSEY CONSTITUTION.

YOU HAVE A RIGHT “TO NOT TESTIFY” IN YOUR OWN TRIAL – YOU ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY.  THE GOVERNMENT HAS THE JOB OF PROVING, BEYOND A REASONABLE DOUBT, THAT YOU ARE GUILTY.  THE JUDGE OR JURY CANNOT DRAW AN ADVERSE INFERENCE REGARDING YOUR GUILT OR INNOCENCE BECAUSE YOU DID NOT TESTIFY.  A JUDGE KNOWS THIS RULE, BUT A JURY IS GIVEN THE INSTRUCTION TO NOT CONSIDER YOUR RIGHT TO REMAIN SILENT DURING YOUR TRIAL AS ADMISSION OR INDICATION OF GUILT.

IN OTHER WORDS, A JUROR IS NOT ALLOWED TO CONCLUDE, “WELL, HE MUST BE GUILTY BECAUSE HE DIDN’T TESTIFY ON HIS OWN BEHALF.  HE MUST BE HIDING SOMETHING AND THAT’S WHY I WILL FIND HIM GUILTY.”  AGAIN, AMERICA IS DRAMATICALLY DIFFERENT FROM OTHER COUNTRIES IN THIS REGARD.  IN MANY FOREIGN JUSTICE SYSTEMS, A DEFENDANT IS COMPELLED (FORCED) TO TESTIFY IN HIS OR HER OWN DEFENSE.  A DEFENDANT’S UNWILLINGNESS TO TESTIFY ON THEIR OWN BEHALF IS CONSIDERED AN ADMISSION OF GUILT.  IN THE UNITED STATES, THE DEFENDANT’S DECISION TO TESTIFY ON HIS OR HER OWN BEHALF IS COMPLETELY UP TO THE DEFENDANT.

THE RIGHT TO COUNSEL — ACCORDING TO THE SIXTH AMENDMENT OF THE U.S. CONSTITUTION, EVERY PERSON WHO IS ARRESTED AND/OR CHARGED WITH A CRIME HAS A FUNDAMENTAL RIGHT TO HAVE LEGAL REPRESENTATION. THROUGH EACH AND EVERY STEP OF THE PROCESS, A CRIMINAL DEFENDANT IS ENTITLED TO LEGAL COUNSEL.  ONCE A PERSON IS IN POLICE CUSTODY AND DOES NOT FEEL FREE TO LEAVE OR IS TOLD THAT HAVE BEEN PLACED UNDER ARREST, THEY MUST BE AWARE OF THEIR RIGHT TO COUNSEL.  AGAIN, THIS IS A FUNDAMENTAL RIGHT AND CANNOT BE VIOLATED.

WE ADVISE ALL OF OUR CLIENTS TO ALWAYS ASK FOR A LAWYER.  IF THE CUFFS EVER GO ON, IT’S TIME TO STOP TALKING AND ASK FOR LAWYER.  THE PERFECT SITUATION WOULD INVOLVE A CRIMINAL DEFENDANT TO HAVE AN ATTORNEY IMMEDIATELY FOLLOWING AN ARREST.  When the cuffs go on, ask for an attorney.

AGAIN, THIS IS A FUNDAMENTAL RIGHT AND EVEN IF A DEFENDANT CANNOT AFFORD A LAWYER BECAUSE HE OR SHE IS INDIGENT, THE STATE (GOVERNMENT) IS CONSTITUTIONALLY OBLIGATED TO APPOINT AN ATTORNEY FOR HIM OR HER AT NO COST.
THE LANDMARK UNITED STATES SUPREME COURT DECISION REGARDING THIS ISSUE IS: GIDEON V. WAINWRIGHT, 372 U.S. 335 (1963)

THE RIGHT TO A TRIAL BY JURY – ARTICLE III, SECTION 2 OF THE U.S. CONSTITUTION AND THE SIXTH AMENDMENT EXPLICITLY STATES THAT ANYONE ACCUSED OF A CRIME HAS A RIGHT TO A TRIAL BY JURY. A CRIMINAL DEFENDANT ALSO HAS THE RIGHT TO A PUBLIC AND SPEEDY TRIAL. HOWEVER, THE OFFENSE MUST BE SERIOUS TO WARRANT A TRIAL BY JURY. ACCORDING TO THE SUPREME COURT, A TRIAL BY JURY WILL ONLY BE HELD IN CASES WHERE THE OFFENSE CARRIES A POTENTIAL SENTENCE OF MORE THAN SIX MONTHS’ IMPRISONMENT.

IN NEW JERSEY, PETTY DISORDERLY AND DISORDERLY OFFENSES ARE DECIDED BY A Municipal Court​ JUDGE.  IN NEW JERSEY, ALTHOUGH DUI/DWI CASES ARE QUASI-CRIMINAL IN NATURE GIVEN THE POTENTIAL FOR A DEFENDANT TO END UP IN JAIL, NEW JERSEY DOES NOT OFFER JURY TRIALS IN DUI/DWI CASES.  IN NEW JERSEY, DUI/DWI TRIALS ARE ALWAYS DECIDED BY A JUDGE.

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