A wide variety of factors are at play in criminal cases, including the facts, the evidence and the law. The facts and the evidence make every criminal case unique. The law, however, is supposed to be applied equally. That includes constitutional protections for criminal defendants.
So, are there constitutional violations at issue in your case? That can be a complicated question to answer. There are so many different ways for a defendant’s constitutional rights to be infringed upon, all the way from arrest to trial. However, there are some common constitutional issues that might come up in any given criminal case in Florida.
Your constitutional rights
For example, during the arrest process, an arrestee enjoys the protections of the Fourth Amendment—specifically the protection against unreasonable search and seizure. So, if a search is not conducted properly or is conducted without a warrant, for instance, that might be a constitutional violation. Or, in another example, if a defendant makes a statement that is deemed as a “confession,” but the defendant wasn’t read the “Miranda” rights, that might also be a constitutional violation.
If a criminal case goes to trial, that trial is supposed to be “fair.” But, there are many reasons why that might not occur. A jury, for example, is supposed to be made up of a defendant’s “peers.” Also, the judge is supposed to be “impartial.” If either of these aspects of the case are in question, that might be a constitutional violation. For criminal defendants in Florida, a thorough review of the case and the circumstances of the arrest are crucial.