What Are My Rights if I Am Charged With a Crime?

After an arrest, you can be put in jail without knowing what to do next. It is essential to know your rights in the criminal justice system. Knowing your rights can help you protect yourself and get fair treatment by the courts. You have rights under federal and state criminal laws.

The time between the arrest and trial can be a slow process. If you want to know more about your rights when accused of a crime, speak with an experienced criminal defense attorney.

What Are My Constitutional Rights?

Many of your rights come directly from the U.S. Constitution. The Constitution has several protections in the Bill of Rights. Under the Fifth Amendment and Sixth Amendment, you have the following rights:

• Right to a speedy and public trial
• Right to jury trial by your peers
• Right to know the nature of the accusations
• Right to confront witnesses against you
• Right to assistance of counsel
• Protection against self-incrimination
• Protection against double jeopardy

These rights are to protect you from arbitrary treatment by the government. If you are arrested, you may get read your Miranda rights. This includes the right to remain silent and the right to have an attorney present during questioning. You don’t have to answer questions until you get a chance to talk to your lawyer. If you can’t afford an attorney, you can have a public defender appointed for you.

When Can the Police Arrest You?

Law enforcement generally needs probable cause to make an arrest. Probable cause is more than just a reasonable suspicion. Probable cause means a reasonable person would believe a crime has been committed.

For a police officer, probable cause can come from observations. For example, if a police officer sees a driver weaving on the road and smells alcohol coming from the driver, that may be probable cause for a drunk driving arrest.

The police can also arrest you with an arrest warrant. For a warrant, a judge has to have probable cause to believe you committed a crime.

How Long Do You Have to Stay in Jail?

The police can’t keep you in jail indefinitely. Under the Sixth Amendment, you have the right to a speedy trial. You can generally get a first appearance before a judge within a couple of days. The time limit to appear before a judge depends on the state. For most states, you have the right to find out about your charges or get an arraignment within 48 hours, or longer on weekends or holidays.

If the judge believes you threaten public safety or pose a flight risk, you can be kept in custody pending trial. For minor misdemeanors, most defendants are released on bail or their own recognizance.

What Does the Prosecutor Need to Convict You?

You have the right to be presumed innocent until proven guilty. The presumption of innocence comes from English common law and is integral to the American justice system. To convict you, the district attorney must prove you are guilty of all elements of the crime beyond a reasonable doubt.

Beyond a reasonable doubt is a high burden of proof in a criminal case. If there is any reasonable doubt about your guilt, the jury should find you not guilty.

Do I Have a Right to Privacy?

The Fourth Amendment protects you against unreasonable search and seizure by the government. With certain exceptions, the police need a search warrant to search your property without consent. If the police search your property without a warrant, and without meeting one of the limited exceptions, it may be an unlawful search. That evidence may be inadmissible in court.

Can a Criminal Defense Attorney Protect My Rights?

A criminal defense attorney is familiar with local criminal laws and your legal rights. Your attorney can represent you in a criminal investigation to protect you against self-incrimination. If the police arrest you, your attorney can help get you released from jail.

A lawyer can also negotiate a plea bargain so you can avoid the most severe criminal penalties. To understand your legal rights after you are charged with a crime, talk to a criminal defense lawyer for legal advice.