Serving People Throughout Colorado

Call Us For Free Consultation:

An arrest can be an unsettling experience that may leave you questioning the legality of law enforcement officers’ actions. It is crucial to understand that even in the face of an arrest, you have rights designed to protect your liberties and ensure fair treatment under the law.

If those rights are violated, the implications for your case can be significant.

If you have been arrested, securing the representation of a skilled Colorado criminal defense lawyer who understands these rights is essential.

Here are some ways your rights might be violated during an arrest. If this happens to you, we are here to help. You can count on our law firm to defend you and your rights aggressively.

Understanding Your Rights

Before we discuss potential violations, it is important to know the basic rights afforded to you under the U.S. Constitution:

  • The Right to Remain Silent: Under Miranda Rights, you have the right not to say anything that might incriminate you after being arrested.
  • The Right to Be Free from Unreasonable Searches and Seizures: The Fourth Amendment protects you from being searched or having your property seized without a warrant or probable cause.
  • The Right to an Attorney: You have the right to consult with a defense attorney as soon as possible after your arrest.

Knowing these rights is the first step in recognizing when they might be violated.

Common Rights Violations During Arrests

There are several ways that an officer may violate your rights during an arrest. Some of the most common include:

1. Failure to Read Miranda Rights

One of the most well-known requirements for a lawful arrest is the recitation of Miranda Rights, which informs you of your right to remain silent and your right to an attorney. If law enforcement fails to read these rights upon arresting you, this oversight could render any statements or confessions you made inadmissible in court.

2. Illegal Search and Seizure

Any evidence obtained through an illegal search and seizure that violates your Fourth Amendment rights cannot be used against you in court. Examples include searching your home without a warrant (unless an exception applies), exceeding the scope of a valid search warrant, or conducting a personal search without probable cause.

3. Excessive Use of Force

The use of force during an arrest must be reasonable. If the police use excessive force, it could violate your rights. Determining what constitutes “excessive” depends on the circumstances of the arrest but generally refers to more force than necessary to control the situation.

4. Denial of Access to an Attorney

You have the right to consult with a defense attorney in Denver from your arrest. If law enforcement denies or unreasonably delays this access, your rights are being violated. Immediate access to legal counsel is critical for protecting your rights and beginning the process of your defense.

The Importance of Legal Representation

If you suspect your rights were violated at any point during or after your arrest, it is imperative to contact a defense attorney in Denver immediately. An attorney will provide invaluable guidance throughout the legal process. In addition, they will assist with:

Assessing Your Case

An experienced attorney can carefully evaluate your arrest’s details and identify potential rights violations. This assessment will inform the strategy moving forward, whether challenging the admissibility of evidence or seeking to have charges reduced or dismissed.

Filing Motions

If your rights were violated, your attorney could file motions to suppress evidence obtained as a result of those violations or to dismiss the charges outright. If granted, these motions can significantly impact the outcome of your case.

Protecting Your Rights in Court

A Colorado criminal defense lawyer skilled in defending clients against rights violations can articulate these issues effectively in court, ensuring that the judge and jury understand the extent of the misconduct.

Negotiating with Prosecutors

Evidence of rights violations can sometimes lead to negotiations with prosecutors before a case goes to trial. Your attorney may negotiate a favorable plea deal or dismiss charges based on these violations.

Contact Our Colorado Criminal Defense Lawyer Today

Being arrested does not strip you of your rights, and violations of those rights can significantly affect the legitimacy of the arrest and the prosecutorial process. If you believe your rights were violated during your arrest in Denver, it’s crucial to take immediate action by consulting with a qualified defense attorney.

At the Law Offices of Steven J. Pisani, we are committed to defending our clients’ rights and ensuring they receive a fair and just legal process. Our team of experienced legal professionals is equipped to handle the complexities of your case, providing the defense and support you need during this challenging time. Contact our defense attorney in Denver today to discuss your case and how we can help protect your rights and future.


Request a FREE Case Review