How a Denial of Your Rights Affects Your Case

Clients sometimes think that their Constitutional rights were denied and ask our St. Augustine criminal defense lawyer what they should do. The following information provides an overview of how your attorney might handle specific issues with your case.

Determining Probable Cause

Law enforcement officers need to have a legitimate reason or probable cause in order to legally arrest a person. Probable cause means that the authorities reasonably think that a person committed a crime, resulting in the alleged offender’s arrest. If there is a question about probable cause, you have the right to a court hearing to determine probable cause, usually in less than 48 hours. In some cases, the court might have sanctioned a warrant, so probable cause was determined at that time.

Dealing with Excessive Delays in a Criminal Case

Your St. Augustine criminal defense lawyer might take the following steps if the courts or the prosecution delayed in providing you with a probable cause review.

  • Filing a writ of habeas corpus – Your attorney might file a writ of habeas corpus in order to secure your release. However, the process is time-consuming as he or she needs to draw up the paperwork and wait for the hearing to be scheduled. By that time, you might have been released. Instead, your St. Augustine criminal defense lawyer might decide to make some telephone calls up the chain of command, all the way to the supervising prosecutor or even to the judge in the case when necessary. Your attorney will explain the circumstances of the case to the judge, who will look at how the court can avoid any litigation as he or she works to expedite your hearing and your case.
  • Federal civil rights violations – Your lawyer might file a lawsuit alleging federal civil rights violations against the police, prosecutors and the court system. Just the threat of legal action will likely bring relief since anyone held liable will need to pay your legal and related fees if you win the case.
  • Suppressing evidence in a confession and related statements – You might not be able to hire an attorney in time to seek relief for a habeas corpus writ or to file a civil rights lawsuit. Even so, any delays in an appearance before the magistrate or the judge at an initial appearance could still negatively impact the prosecution’s case. For example, the authorities might delay your appearance because they are trying to convince you to confess. However, if the court later determines that the delay is illegal, the confession and any related statements will not be admitted in court and cannot be used against you.
  • Seeking release on bail – The courts look at the totality of the situation when granting bail and when determining a final bail amount for your release. If your lawyer addresses this delay, the judge might reduce bail in the case due to the prosecution’s questionable actions.

Call Our St. Augustine Criminal Defense Lawyer

Our St. Augustine criminal defense lawyer at Canan Law can challenge and address any denial of your Constitutional rights. Call (904) 849-2266 today.


Hear From Past Clients

    He Earned My Respect & Trust

    “Andrew came highly recommended by a friend who is a lawyer. In the courtroom, he is incredibly prepared. In giving advice, he steers his clients down the right road. I feel like was looking out for my best interest.”

    - Chip S.
    Very Grateful

    “Everyone at Canan Law was friendly and hospitable. Attorney John Westfield was very professional. He listened very well and always had our best interests in mind. Most importantly, he was prepared in court.”

    - Markell F.
    Thank You For Everything You Have Done

    “Their entire team was very professional and knowledgeable about my specific case. They took time to explain in detail what they were doing every step of the way. I was EXTREMELY satisfied with the end result.”

    - Hamid B.
    I Couldn't Be Happier

    “A wealth of talent at this firm. Responsive and direct; they valued my time and money. My outcome was exactly what I expected despite the many changes that I presented them.”

    - Steve K.
    Very Pleased with Every Aspect

    “I was very pleased with every aspect of Canan Law. They walked us through a difficult situation and were available and courteous throughout. I felt they heard and understood me.”

    - Dana P.

The Firm You Can Trust

Put Our Team On Your Side Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.