Understanding Your Rights in a Criminal Charges Case

 Posted on September 11, 2017 in Criminal Law

Facing criminal charges can be a frightening and confusing event. Thankfully, much of the fear and confusion can be mitigated against when you know your legal rights. Learn more about them in the following sections, and discover what an experienced criminal defense lawyer can do for you or your loved one in a pending criminal charges case.

Your Right to Be Treated as a Non-Guilty Person

The law states that you are innocent until proven guilty, which essentially means you are not to be treated as a guilty person while awaiting trial, no matter how incriminating the evidence against you seems. Law enforcement cannot punish you or treat you unfairly. They may not physically attack you, and they cannot treat you inhumanely. You must be supplied with basic life necessities, such as food and water. In addition, law enforcement cannot continue to detain you past the state-appointed time limit if they do not have enough evidence to prosecute.

Your Right to Remain Silent

One of the most important rights that you have as a U.S. citizen is the right to remain silent. Officers must also inform you that there may be consequences if you choose to give up this right. Covered under the Fifth Amendment of the Constitution, it can help you avoid self-incrimination. It also protects you from being forced or coerced into speaking. Keep in mind, however, that law enforcement may try several different tactics to get you to provide them with evidence. (Why do their job if they can get you to do it for them?) You must maintain your right, even in the face of such manipulations; this is often best done by requesting an attorney.

Your Right to an Attorney

Law enforcement cannot deny you an attorney during questioning, or during your criminal processing. They must also stop questioning you once you exercise your right to request one, and they cannot commence until your attorney arrives. Furthermore, law enforcement is not allowed to question you without your attorney present – at any point in the future – unless your attorney is present. To do so is a direct violation of your Constitutional rights.

Contact Our DuPage County Criminal Defense Attorneys

Having an attorney on your side, right from the very start of your criminal charges case can improve the outcome of your case. However, it is important to ensure that you choose someone with extensive knowledge in criminal law; otherwise, your rights may not be fully protected. Our DuPage County criminal defense attorneys are seasoned and aggressive litigators, and we are prepared to fight for you. Do not delay! Call 630-580-6373 and schedule your personalized consultation with us today.

Source:

http://constitution.findlaw.com/amendment5.html

http://constitution.findlaw.com/amendment6.html