Numerous provisions in the United States Constitution protect those accused of criminal offenses from baseless prosecutions and unregulated police activity. If you’ve been arrested for a federal or state drug offense in Georgia, immediately contact the experienced defense lawyers at Ghanayem & Rayasam in Atlanta, GA.
Understanding and Exercising Your Miranda Rights
The United States Supreme Court requires the police to inform suspects of their fundamental constitutional rights before any attempted custodial interrogation. These are called your Miranda Rights and must include the following basic warnings:
Remain Silent: You are not required to answer questions or speak with the police, but you must continue to reaffirm this right every time you’re approached for questioning.
Adverse Use: Police must inform you that anything you say to them, even to help them, can and will be used against you in court.
Hire a Criminal Defense Attorney: Interrogators must inform you that you have the right to retain private drug defense counsel and have your lawyer present during all questioning.
Free Public Defender: If you cannot afford an attorney, you must be informed of your right to a free public defender.
Not every police encounter requires officers to read you these rights, but that doesn’t mean they don’t exist. The requirement that they be read is only triggered if you’ve been detained or arrested and are not free to leave. Officers also do not have to read these rights during traffic stops, which leads to many arrests for drug possession.
They also do not apply to questions officers might casually ask you outside of the interrogation room. These tricks are why you should request an attorney immediately if you’re under investigation for a drug crime in Georgia.
Trial and Evidentiary Rights for Drug Crimes Charges in Atlanta
In addition to your basic Miranda Rights, you also have certain bail, trial, and evidentiary rights. These include the right to ensure that any drug evidence seized was not taken in violation of the Fourth Amendment and the right to a speedy trial before a jury of one's peers. Most offenders also have the right to post bail, and in the event of a conviction or guilty plea, to be free from any unusual or unjust punishment.
Getting Evidence Excluded from Georgia Drug Trials
If the police or prosecutors violated your fundamental constitutional rights during an Atlanta drug crime investigation, an experienced criminal defense attorney might get any unlawfully obtained evidence excluded from consideration. This is called the ‘exclusionary rule,’ and it applies directly to unlawfully seized drug evidence and evidence discovered as a result of confessions or statements obtained if you did not understand and waive your Miranda Rights.
Drug Crimes Defense Lawyers in Atlanta, GA
In the United States, you’re innocent until proven guilty. This presumption of innocence is inherent in the Fifth Amendment, as are numerous constitutional rights designed to protect you from overzealous and baseless prosecutions. Discuss your rights if you’ve been arrested for a drug crime in Georgia with our dedicated Atlanta drug crimes defense attorneys by calling (404) 561-0202 or confidentially connecting with us online today.