A criminal defendant is someone who has been charged with a crime and is now facing legal proceedings within the criminal justice system. This could mean you’re facing misdemeanor or felony charges. Regardless of what you’re dealing with, it’s essential to understand your rights as a defendant and what you should do after being arrested or detained.
Important Rights of Criminal Defendants
When facing criminal charges, you have certain rights that can protect you. Knowing these can help ensure fair treatment throughout legal proceedings. Some of the most important rights to know include the following:
Right to Remain Silent
Under the Fifth Amendment, you’re granted the right to remain silent. This means that when you’re arrested or questioned by authorities, you don’t have to answer any questions or make any statements that could be used against you in court. The moment you inform law enforcement of this right, they are supposed to stop questioning you.
Right to an Attorney
Another key right is the Sixth Amendment right to legal representation. This means you have the right to have a lawyer defend you in your criminal trial, and if you can’t afford one, the court will appoint a public defender or alternative counsel at no charge.
Additionally, you have the right to have a lawyer with you when being interrogated by law enforcement. If you inform the police of your intention to remain silent and request a lawyer, they are supposed to stop questioning you. If they continue to interrogate you and you say something incriminating, your attorney should be able to file a motion to suppress to prevent this statement from being used against you.
The Fourth Amendment protects every citizen from unwarranted intrusion by law enforcement. Without probable cause or a warrant signed by a judge, they are not permitted to search your person or your belongings (including your vehicle and home). There are some exceptions where a warrant isn’t required, like when the police see something incriminating in plain view, or there are other exigent circumstances in which they believe the evidence is likely to be destroyed if they don’t perform the search right away.
If law enforcement searches you or your belongings without consent, a warrant, or an exception to the warrant requirements and finds evidence of a crime, your lawyer should file a motion to suppress to have this evidence excluded from being used against you moving forward.
Presumption of Innocence
Another fundamental right in the criminal justice system is the presumption of innocence. This means that regardless of your charges or the situation surrounding the arrest, you are considered innocent until proven guilty in a court of law. It’s not your job to prove you’re innocent; it’s up to the prosecution to prove beyond a reasonable doubt that you are guilty of the crime you’re being charged with.
This is not an exhaustive list of a defendant’s rights but provides an overview of some of the most important and commonly violated ones.
What To Do After Being Arrested
If you ever find yourself under arrest, handling the situation calmly and knowing what next steps to take is crucial. Here’s what you should do:
- Remain Silent: Aside from providing your identification details, politely state that you wish to exercise your right to remain silent until an attorney is present.
- Request a Lawyer: Clearly communicate that you want an attorney. Don’t discuss anything about the alleged crime until they are by your side. Anything you say or do can be used against you at trial, so it’s not worth trying to explain yourself until you have professional help with you.
- Comply With Police Orders: Follow officer instructions without physical resistance or confrontational behavior. Resisting could result in additional criminal charges.
- Remember Important Details: If possible, take mental notes of the officers’ names, badge numbers, and any specific occurrences during the arrest, especially if you believe your rights were violated.
As soon as possible after your arrest, you should contact a lawyer to help you get released from custody and start working on your defense. If you have questions or need help, contact Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free consultation with a criminal defense attorney.