Can I Get My Sex Crime Charges Dropped if There Was a Violation of My Constitutional Rights?

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Being charged with a sex crime can be an overwhelming experience, as a conviction can have devastating impacts on a person’s future. Not only do sex crime charges carry harsh penalties such as imprisonment, fines, and registration as a sex offender, but they also damage the reputation and dignity of the defendant, especially when they are truthfully innocent. Therefore, it is crucial to have a strong defense strategy that can challenge the prosecution’s evidence. One of the best defenses against sex crime accusations is proving that law enforcement violated your constitutional rights at some point over the course of their investigation/arrest. Please continue reading and reach out to a seasoned New Jersey sex crimes attorney from the Law Office of Boyd & Squitieri to learn more about how we can help if you’re currently facing sex crime charges of any kind.

How Do I Know If My Constitutional Rights Have Been Violated?

The U.S. Constitution guarantees certain rights to all citizens, such as the right to privacy, the right to due process, and the right to a fair trial. If any of these rights are violated by law enforcement in the course of their police work, then the evidence obtained through such violation may be excluded from the trial, or the case may be dismissed altogether. Some examples of constitutional violations that can occur in sex crime cases are as follows:

  • Illegal search and seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures of their person, property, or communications. This means that the police need a legitimate warrant or probable cause to inspect your home, car, phone, computer, or other belongings for evidence of a purported sex crime. If they conduct a search without a warrant or probable cause or exceed the scope of the warrant, the evidence they find may be suppressed by the court. The Law Office of Boyd & Squitieri has significant experience in challenging evidence brought about by illegal search and seizure, and we can put that experience to work for you in your case.
  • Coerced confession: The Fifth Amendment individuals from self-incrimination, which essentially means that you have the right to remain silent and not answer any questions that may implicate you in a crime. This is critical. Additionally, you also have the right to have an attorney present during any interrogation. Never speak with law enforcement without first having an attorney at your side.
  • Unreliable identification: The Sixth Amendment gives you the right to not be convicted of a crime if there is unreliable witness identification. This means that the police must follow certain procedures to ensure that the identification process is fair and accurate. If we can prove that witnesses to your alleged crimes are unreliable in some way, such as by proving they couldn’t have gotten a good look at you, or that the witness may have some sort of ulterior motive to accusing you of a crime, your charges may be dropped.

Ultimately, these are just some of the ways that your constitutional rights can be violated in a sex crime case, and some of the defenses a competent sex crimes lawyer can provide. If you believe that your rights have been violated, you need to contact an experienced New Jersey criminal defense lawyer as soon as possible. Fortunately, you are in the right place. Contact the Law Office of Boyd & Squitieri today.