Criminal cases need to be taken seriously. When a person is accused of a crime, several aspects of their life are at stake. For example, their freedom and the stability of their family.
But being charged and arrested is not the end of the story. Knowing these eight rights during a criminal case can help defendants navigate the legal process while protecting their interests. A person who does not understand them may feel even more desperate.
Navigating Criminal Rights in the United States
Criminal rights are established from arrest through conviction or appeal. The following sections of the U.S. Constitution protect the accused:
- Fourth Amendment.
- Fifth Amendment.
- Sixth Amendment.
A defendant’s privacy is protected by the Fourth Amendment. Therefore, it establishes limitations and exceptions for searches, seizures and warrants.
The Fifth Amendment, or Miranda rights, prevents a defendant from incriminating him or herself. Finally, the Sixth Amendment guarantees citizens access to a fair trial.
8 Rights You Must Know If Charged With A Crime
Defendants charged with a felony or misdemeanor must be aware of their rights. By knowing them, they will seek that the authorities do not violate their legal process.
Here are eight rights in a criminal case:
- Remain Silent: To avoid self-incrimination, the accused has the right to remain silent during an arrest. Remember: Anything you say will be used against you in a trial.
- An Attorney: You may want to speak to an attorney before making any statements to the authorities. You also have the right to an attorney throughout the proceedings. If you cannot afford one, the state will provide one.
- Presumed Innocent: Defendants are innocent until proven guilty beyond a reasonable doubt.
- Protection from Searches and Seizures: Authorities need a search warrant or probable cause to order a search and seizure.
- Know the Charges: The Sixth Amendment establishes that any individual has the right to know the nature of the crime and what they are accused of. Also, they have the right to know the evidence against them.
- Fair Trial: The jury must be impartial and unconnected to the parties involved. Also, the trial shall not be unreasonably delayed.
- Confront Witnesses: Under the Sixth Amendment’s Confrontation Clause, defendants have the right to cross-examine prosecution witnesses.
- Present Evidence: Defendants have the right to present evidence and witnesses in their defense.
Defendants charged with any misdemeanor or felony offense should seek an experienced criminal defense attorney. Legal representation can be extremely helpful.
If you are facing an accusation, an attorney can protect your rights and ensure the trial is conducted within the legal framework established in the Constitution.