When you are placed under arrest or determined to be a person of interest in relation to a crime, it can be incredibly overwhelming. You may feel as though the odds are stacked against you based on the fact that the prosecution seemingly has endless resources available to put you away. However, it’s important to understand what tools you have on your side. Not only should you invest in the help of a Sacramento criminal defense lawyer, but you also have the United States Constitution on your side. The following blog explores the rights of a criminal defendant as protected under this document and how to proceed if you believe your rights were violated.

As a Criminal Defendant, Do I Have Rights?

Unfortunately, many people believe that because they have been charged with a crime, they no longer have rights. It’s important to remember that in the United States, those charged with a crime are innocent until proven guilty. As such, you should familiarize yourself with the rights afforded to the criminal accused under the law.

One of the most important rights is the right to remain silent. When questioned by the police or placed under arrest, you are under no legal obligation to answer any questions. Aside from pricing your identification (and registration and proof of insurance if you are pulled over), you do not have to say anything to the police. This right helps protect you from incriminating or implicating yourself in a crime. The police are supposed to read your “Miranda” rights, which inform you of this right. Regardless, if you are approached by the police, you can invoke your Fifth Amendment right to silence.

Additionally, the Sixth Amendment of the Constitution provides several important rights for those charged with a crime. These rights include:

• The right to a speedy trial
• The right to a jury trial (with few exceptions)
• The right to an impartial jury
• The right to know what evidence will be used against you
• The right to confront your accuser

Finally, one of the most important rights protects all citizens, and it prohibits unreasonable searches and seizures by the police. Essentially, this means that the police cannot search your property without consent, probable cause, or a search warrant. As such, if the police ask to search your home or vehicle but do not have reasonable suspicion that a crime has occurred or a warrant signed by a judge, you do not have to comply with this request.

What Should I Do if My Rights are Violated?

If you believe your rights were violated at any point during the criminal justice system, it’s imperative to connect with an experienced attorney as soon as possible. They can examine the circumstances and determine the best course of action to help you receive justice for this violation.

For example, if your property was unreasonably searched and the police seized evidence to hold against you, your attorney may be able to have this deemed inadmissible in a court of law. This is because the search violated your Constitutional rights.

As you can see, this process can be incredibly complex. If your rights as a criminal defendant are violated, you do not need to sit idly by. At the Law Offices of Dale R. Gomes, we understand how frustrating these matters can be, which is why we are dedicated to fighting for you. Connect with us today to learn how we can assist you.