What Are Your Rights When Accused Of A Crime?
When a person is suspected of a crime, it may seem like they have few rights. However, the truth is that the U.S. Constitution grants criminal suspects several specific rights. This is true regardless of whether the defendant is innocent or guilty of committing the crime. If you are being accused of committing a crime, it is vital that you understand all the rights you have as a criminal suspect. Below, we discuss some of the essential rights the U.S. Constitution grants criminal defendants;
The Right To Be Free From Unreasonable Searches and Seizures
The Fourth Amendment protects you and your property from unreasonable searches and seizures. If the police do not have a search warrant, you have the right to deny consent to a search. If you deny consent to search, and they proceed to conduct the search, you may be able to suppress the evidence found as part of the warrantless search once your case gets to court.
However, it is vital to note that there are other exceptions to the warrant requirement apart from consent. First, after an officer makes a lawful arrest, they may search the arrested person and the area within the person’s immediate control. Second, the plain view doctrine allows an officer to seize evidence without a search warrant if the evidence is clearly visible.
The Right to an Attorney
This is one of the most important rights you have as a criminal suspect. The Sixth Amendment gives you the right to have a legal representative present at each stage of your case. Once you’ve been arrested or arraigned, the right to an attorney attaches. You also have the right to an attorney under the Fifth Amendment, and this right attaches when the police are questioning you. To invoke your right to legal counsel during the custodial interrogation process, you must clearly state that you wish to speak to an attorney.
The Right To Remain Silent
You have the right to remain silent and refuse to answer police questions. If you decide to make statements, anything you say can be used against you in court. It is always best to avoid speaking to the police until after you’ve spoken to your attorney. An attorney an tell you if it is a good or bad idea to talk to the police. They can communicate with the police on your behalf, and attend an interview if you decide to give one.
The Right to a Speedy Trial
After you are arrested and charged with a crime, you have the right to a speedy trial. Generally, this means you have the right to be brought to trial or released within a reasonable amount of time. You cannot be locked up indefinitely without being tried.
Usually, when assessing the right to a speedy trial, courts conduct a four-part test that weighs the following;
- The length of the delay,
- The reason for the delay,
- If the defendant asserted their right to a speedy trial, and
- Prejudice of the suspect
Contact an Indianapolis Criminal Defense Lawyer
To learn more about your legal right as a criminal defendant and for help protecting your rights and fighting the criminal allegations you are facing, contact our skilled and dedicated Indianapolis criminal defense lawyer at Rigney Law LLC.
Source:
law.cornell.edu/wex/plain_view_doctrine_0#:~:text=Plain%20view%20doctrine%20is%20a%20rule%20of%20criminal%20procedure%20which%20allows%20an%20officer%20to%20seize%20evidence%20of%20a%20crime%20without%20a%20warrant%20when%20the%20evidence%20is%20clearly%20visible
