Do You Know Your Rights? Probably Not

In 1776, Thomas Jefferson wrote in the Declaration of Independence that “all men…are endowed by their creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” Those are the big three rights that everyone seems to know. Did you know you have many more? Did you know that even these three are sometimes unclear under the law? For instance, the Supreme Court has held that the government may limit your liberty, or take away your property, if the damages are so minimal that it can say you were not harmed at all. Another instance of unclear rights involves a concept of qualified immunity. Under qualified immunity doctrine, a government actor that has not been faced with circumstances faced in your case will escape any liability, even if your rights were violated.

Similarly, contracts between you and another party often establish what your rights are or will be. Insurance policies set out what rights you have and what rights the insurance company has under the law. Some statutes are overridden by other statutes, or limited by case law rulings by appeals courts or the Supreme Court in a way that make the law apply as written in some circumstances but not in others. How are you supposed to know what any of this means?

The answer is that you are not. It’s not possible. Most lawyers specialize in one area of law or another and even they may not know what your rights are, as applied to the circumstance you are facing. So, when faced with a legal issue, what should you do?

First, never assume you know your rights. The law is filled with general rules that, yes, you may be aware of. But it is also filled with exceptions to those rules that mean those rules do not apply. A capable lawyer knows the general rule, has an idea about what the exceptions are, has some experience applying or explaining why not to apply the exceptions, and has a network of people and resources he can tap to assist in working through the issues of your case.

Second, inquire about your lawyer’s experience in handling cases such as yours. At Hopson Legal, we have nearly twenty years of litigation and trial experience in fields such as criminal law, employment law, personal injury law, family law, federal civil rights law, and property damage claims. In addition, we have had great success before litigation, during litigation, at trial, and during appeals before the state and federal courts of Oklahoma and Texas.

Third, remember that your rights are something to defend. Some people assume they are in the wrong and therefore have no rights. Others believe that if they concede some of their rights, they are doing the correct thing, and they risk being exploited or becoming a victim. Others simply expect their rights will somehow be protected if they are passive and allow things to unfold. Instead, it’s very easy for the state to deny your rights. Officers might use excessive force, or you might be terminated from state employment without proper notice and hearing. Your property can be seized without you ever being charged with a crime, and if you do not act, you will lose it.

If you have questions about your rights in a potential legal situation, call Hopson Legal today at (405) 673-7560 or (405) 633-0195.