Whether you’re facing criminal charges or just under investigation, you deserve to have your rights protected. That’s where Protect Your Rights with a Criminal Defense Attorney.
A criminal defense lawyer has experience interacting with police, prosecutors and judges on a regular basis. This knowledge can be invaluable in crafting a legal defense, navigating jury selection and advocating for you at trial or during sentencing.
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Constitutional Rights
Constitutional rights are the foundation of the United States criminal justice system. They ensure that the government is working within the bounds of law and in your best interests.
They guarantee the free expression of speech, religion, press and assembly, along with the right to petition the government. These rights have been tested and re-interpreted over time, but remain essential today.
A criminal defense attorney reviews every case for government violations of a client’s constitutional rights. These issues may arise at any stage of the criminal process, ranging from arrest through trial.
Right to Remain Silent
Anyone who has seen a movie or TV show about police has probably heard the phrase “the right to remain silent.” This is one of the most important rights that people have in the United States.
This right, which is enshrined in the Fifth Amendment of the US Constitution, is meant to prevent individuals from being compelled to give testimony that could incriminate them.
As part of the Miranda warnings that are given when someone is arrested or taken into custody, police must inform suspects of their right to remain silent and to have competent and independent counsel, preferably of their own choosing. This must occur before any interrogations start or during any questioning that might take place later.
Right to an Attorney
The right to counsel is one of the most important constitutional rights in criminal law. It’s a fundamental right that applies to both federal and state court prosecutions.
The Sixth Amendment of the Constitution guarantees that every accused person has a right to have legal representation during the course of a criminal prosecution. Originally this right applied only to federal cases, but it has since been extended to state courts and all types of crimes, including misdemeanors.
Defendants have the right to an attorney at all “critical stages” of criminal proceedings, such as interrogations and court appearances. This is important because a lack of timely and effective legal representation is often the reason for wrongful convictions.
The Fifth Amendment also requires that a defendant have an attorney during a custodial interrogation. In New York, this means that a defendant may not be interrogated without the presence of a lawyer unless they’ve waived their right to one.
Right to a Speedy Trial
Your Right to a Speedy Trial is a fundamental right that applies to both federal and state prosecutions. The Sixth Amendment guarantees that the government must “inquire into and bring to trial any person charged with a crime in a court of law within a reasonable time, and the Due Process Clause requires the government to provide a fair and impartial hearing.”
Most states and the federal government have laws specifying time limits for moving cases from formal charges to trial. For example, in California, the government must get a defendant charged with a felony to trial within 60 days of arraignment on an indictment or information unless there is good cause for delay.