When your rights are violated
If you believe your rights were violated, you have to take the necessary steps immediately to get justice.
Miranda warning and your right to remain silent and have a lawyer
If you were arrested by the police without having your rights read to you or interrogated without a Miranda warning, your legal rights have been violated. Miranda warnings must be given to you by the police before you are interrogated or arrested. The Miranda warning goes like this:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (src: http://www.mirandawarning.org/whatareyourmirandarights.html)
Protection from unreasonable searches and seizures
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – (src: https://constitution.congress.gov/constitution/amendment-4/)
Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.
The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. Minnesota v. Carter, 525 U.S. 83 (1998).
Are you a victim of police misconduct?
A police misconduct includes the use of excessive force, a false arrest, a failure to intervene in the misconduct of another officer, or, as stated above, a violation of Miranda rights. If you feel you were victimized by any such violation, you should seek justice for the wrong done to you.
Protection against unduly harsh penalties
Eighth Amendment of the Constitution of the United States: “Excessive bail shall not be required, excessive fines imposed, or cruel and unusual punishments inflicted.”
New Jersey State Constitutional Rights and Privileges
Article I of the New Jersey State Constitution provides you with a large number of rights and privileges. You may read them here: https://www.njleg.state.nj.us/constitution.
As this is a very elaborate article, you should consult a lawyer to determine whether your rights were violated.
Submit a complaint to DCR.
If you believe your rights under the New Jersey Law Against Discrimination (LAD) or the N.J. Family Leave Act (FLA) have been violated, you can file a complaint with DCR (https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/division-on-civil-rights-file-a-complaint/). It is advisable to consult a lawyer while filing the complaint to ensure you have filed your complaint correctly.
Remedy for your violated rights
You are entitled to fair and reasonable compensation for damages, a civil penalty, an injunction, or any other appropriate relief. You are also entitled to reasonable attorney fees and costs.
You need an experienced criminal defense lawyer.
For years, attorney Joel Silberman served as an assistant prosecutor with the Hudson County prosecutor’s office. During this time, Attorney Joel litigated hundreds of cases and appeared before the Superior Court of New Jersey, Appellate Division, on multiple occasions.
If you believe your civil rights have been violated, the Law Offices of Joel Silberman, LLC, can help you pursue the justice you deserve. You need to act fast. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.
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