Protecting Your Constitutional Rights

Every Criminal Defendant Has Federal and State Constitutional Rights, Regardless of the Nature of their Criminal Charges. These Rights are Worth ProtectingProtecting-Your-Constitutional-Rights

Our Federal and state constitutions provide each of us with numerous constitutional rights. Unfortunately, many of us take these rights for granted. Some of us cannot even identify them. Nevertheless, our constitutional rights affect every aspect of our daily lives, and are particularly important in criminal cases.

Constitutional rights are not always clear-cut. The same general constitutional right may arise under both the Federal and a State constitution. The level of protection the right provides in a particular situation may vary depending upon which constitution is at issue, and whether the constitutional provision which guarantees the right is being interpreted by a Federal or State court. A skilled criminal defense attorney can understand these distinctions, and use them to their client's advantage.

Your federal and state constitutional rights are the focus of any criminal case.

Constitutional rights exist in every criminal proceeding. Whether the charges involve drugs, weapons, murder, rape, assault, sex offenses, or crimes involving the Internet, or some other criminal charge, the defendant has many constitutional rights that must be protected at all times throughout the criminal case.

It also does not matter if the defendant is an adult or a juvenile, or is facing charges in the Superior Court of New Jersey, a New Jersey municipal court, or the New York City Criminal Court in Manhattan (New York County) or Brooklyn (Kings County), or the United States District Court for the Southern District of New York, or the Eastern District of New York, or the District of New Jersey. Constitutional rights are always an issue, regardless of the defendant, the charge, or the court hearing the case.

Some of the most basic constitutional rights that can arise in almost any criminal case involve the propriety of an arrest. Other constitutional rights involve searches of a person, their home or their car, without proper authority. Many constitutional rights impact upon incriminating statements or admissions made to law enforcement officials investigating allegations of criminal wrongdoing.

Were Your Constitutional Rights Violated?

In any criminal case, a criminal defense attorney must always be asking questions such as:

  • Were any of the client's constitutional rights violated?
  • If so, which ones?
  • What actions or events caused the violation?
  • What is the best response to the violation? Can the client's constitutional rights be restored and protected? Is there a motion that must be filed? Is there some other action that must be taken?
  • What steps should be taken to preserve and protect the client's rights if an appeal is necessary?

Further, a skilled criminal defense lawyer will continue to ask these questions throughout the case, and not just at the beginning.

Whether and to what extent someone's constitutional rights were violated can, and often will, have a significant impact on almost every aspect of any criminal case. An effective criminal defense attorney will continually seek to determine if their client's constitutional rights were violated at any stage of the criminal process, and then respond appropriately.

Protecting Constitutional Rights at Every Stage of a Criminal Case

Criminal defense attorney James S. Friedman understands and respects the importance of the constitutional rights that come into play in criminal cases. Mr. Friedman knows that constitutional rights do not only exist at the trial level, but continue through the appeal stage of a criminal defense matter.

Whether you have an indictable/ felony offense, or a non-indictable misdemeanor offense in any New Jersey or New York City Court, James S. Friedman can consult with you concerning your options. Call Mr. Friedman at 800-361-6554 (toll free) to learn more, or contact the firm online.

Client Reviews
"I hired Mr. Friedman to represent my son in a criminal matter that could have landed him in jail. Nobody in our family had ever been involved with the criminal justice system before, so this was all very new to us. He was very patient, answered all of our questions, and made sure we understood everything each step of the way. By the time the case was over, my son had a reduced charge for which he only had to pay some fines."
★★★★★
"Mr. Friedman represented me when I was one of several students caught with drugs in a college dorm room. I was set to graduate at the end of the semester, and thought this case would ruin my life. He got my charges dismissed, and the record expunged. This lawyer was a total lifesaver!" Anonymous
★★★★★
"Our daughter has mental health issues. She got into a scuffle with the police and was charged with assaulting an officer. Our attorney, Jim Friedman, was able to show the prosecutor and Judge that the real problem here was her mental stability. She was placed on probation and avoided jail time. Most other lawyers we spoke to refused to take this case, but Jim Friedman took it and got us a great result. Thank you Mr. Friedman!" Anonymous
★★★★★
"I had federal criminal charges and felt totally lost. I was one of who knows how many defendants in this case, and I read on the Internet that almost everyone in federal court end up with a prison sentence, so I was really scared. My first lawyer, who told me that I would probably spend at least some time in prison, barely gave me the time of day after I paid him. Then I hired Jim Friedman to represent me. He stayed with me throughout the entire process. He was always available to answer my questions, and never let me lose hope. He negotiated aggressively with the federal prosecutor and I ended up with a short term of probation. I knew I would get convicted of something, but this lawyer kept me out of jail." Anonymous
★★★★★
"The only part of my trial that was better than watching Mr. Friedman question the witnesses was when the jury came out and said “not guilty” over and over again. You have to see this lawyer in court!" Anonymous
★★★★★
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