Skip to main content

Could the charges filed against me be droped because several of my constitutional rights have been violated?

Columbus, OH |
Attorney answers 3


As a general rule it is possible that evidence can be excluded and charges ultimately dropped because Constitutional rights of the accused have been violated.

HOWEVER, whether YOUR charges will be dropped and whether YOUR Constitutional rights were violated is anyone's guess:

It depends on the charges that were filed--you didn't post any.

It depends on what Constitutional rights were violated--you didn't post any.

It depends on whether law enforcement is privileged in some way relative to those Constitutional rights--its impossible to tell since you posted no facts.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


Whether or not your constitutional rights have been violated is a complicated issue you should discuss with an attorney. Similarly, whether the prosecutor has sufficient evidence against you. Your view of the case and the evidence may be very different from that of someone trained in the law. It is unlikely that your case will be dropped. However, if evidence was seized in violation of your rights under the fourth amendment (searches) or the fifth amendment (statements), it is possible that that evidence would be suppressed.


This needs to be asked to a competent criminal defense lawyer in your area. Your lawyer will file motions to get all the evidence against you. He/she will review and make motions to supress or exclude based on any constitutional violations discovered ( Miranda, illegal search and seizure, invalid search warrant, etc.). The judge will rule on all the motions after a hearing has been held and issue briefed.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer