Getting arrested is one of the most unnerving and frightening experiences a person can undergo. In these situations, people are frequently helpless, vulnerable and uncertain about their next step. The Constitution of the United States and the laws at the federal level, however, guarantee certain civil rights, in order to protect the individual, even in the face of arrest. Unfortunately, violations of these rights are not uncommon, whether through excessive force, an unlawful search or denial of basic protections such as access to an attorney. According to The Zeiger Firm, learning the right actions to take when your civil rights are violated in an arrest situation is important to protect yourself and make sure that the accountability is being upheld.
Knowing Your Civil Rights When You Are Arrested
When your rights are violated by police officers placing you under arrest, they’re required to follow laws and procedures established. Civil rights are there to traditionally limit the power of the state and thus prevent abuses of the power of the state. Some of the most significant rights in the event of an arrest are:
- The right to remain silent, pursuant to the fifth amendment
- The Sixth Amendment Guarantee of the Right to Counsel
- The right to receive process and equal protection of the laws under the rule of law.
- Cleaned, shallow the due process equal protection of the fourteenth amendment.
- The right of freedom from excessive force or cruel treatment under the Eighth Amendment.
According to The Zeiger Firm, a violation happens when a law enforcement officer goes against these expectations, whether that is doing an illegal search without a warrant, using excessive force, or keeping a person from having a lawyer.
Step One: Stay Calm Don’t Escalate
People’s first response when faced with unjust treatment is not to protect themselves, but to challenge or resist the injustice, admirable as this is, it can result in an escalation of the conflict and an increased risk of injury. So if you think your rights are being violated, keep your head, obey law, & don’t be no trouble. Keeping your cool will also allow you to observe more of what’s happening, and you may find that it is an important part of your evidence.
Step Two: Write Something Down You Can
After the immediate situation, the documentation of what happened is an immediate necessity. According to The Zeiger Firm, often the strength of any civil rights claim depends on the quality of evidence. Write down everything that you remember about the incident including:
- The names/badge numbers of the officers involved.
- The when, when and place of the arrest.
- The chronology of events and the particular rights you think were infringed upon
- Names and contact information of witnesses, if available
If physical injuries occurred, seeking medical attention as soon as possible and getting official documentation of treatment is another critical form of documentation. Photographs of injury or damage or the scene of the arrest can also help to establish the facts.
Step 3: Keep Your Case Off the Public Airwaves
You might feel like telling your story on social media or to whoever gives you five minutes, but that will only make matters worse. Everything you post on the internet can and will be used against you in the future. Keep the incident under wraps rather than spreading it far and wide and confide only in trusted legal professionals.
Step Four: Consult a Lawyer as Soon as Possible
Civil rights violations are complicated and require the services of experienced lawyers. According to The Zeiger Firm, consultation with an attorney as soon as possible is one of the most important things to do after an arrest marked by misconduct. An attorney can:
- Determine if you have been a victim of the violation of your rights
- Advise you about the strength of your potential claims
- File motions for law lines motion made to challenge unlawful evidence in your case
- Pursue legal recourse and accountability for the officers/agencies
Civil rights lawyers understand how to gather evidence, keep the record and work the system. Time is of the essence in acting quickly because evidence could be lost or contaminated and the Deadlines for making claims could be limited.
Step Five: File A Complaint or Take Legal Action
They can also be used for criminal defense or civil lawsuits and people can complain to internal affairs, to civilian review boards, or to federal agencies like the Department of Justice. While these complaints may not tar a criminal in the short run, it helps build greater accountability and oversight. According to The Zeiger Firm, seeking civil litigation is often how to seek compensation of damages in a direct and it is how to hold those responsible accountable.
Step 6: Take Care of Your Well-Being
Having been the victim of a rights violation can be very traumatic. You don’t want to just focus on the legal remedies but also on you and your mental and physical health. Turn to trusted family, friends or professional counselors to help you heal from the emotional and stress impact of what happened.
Conclusion
Civil rights exist to protect a human being from the overreach of power, in anything as egregious as being taken in for questioning. Violations of these rights have given the public less faith in law enforcement and the justice system as a whole. According to The Zeiger Firm, the important steps one can take following such a violation include remaining calm, documenting everything, seeking immediate legal counsel and participating in the proper legal avenues to hold authorities accountable. By knowing what’s right and by acting strategically, you both aid yourself and the larger cause of social justice and fairness.
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