AS GUARANTEED BY THE CONSTITUTION...
Q:
What are my rights after I have been arrested?
A: You have several rights given to you by the Constitution.
Among those rights are:
1.
Right to Remain Silent.
As a general matter, I advise my clients not talk to the police without
having an attorney present. Some lawyers may differ on this, but I believe
speaking with police by yourself usually does your case more harm than
good. This is sometimes called the right against self-incrimination
or "Miranda" right. Exceptionally rarely would you talk your
way out of being arrested, that decision has usually already been made
and the possible detriments are great. The right to remain silent is
an important right you should utilize. Tell the police in no uncertain
terms that you will not speak with them without your attorney present.
2.
Right to an Attorney.
You have the right to have an attorney to represent you. The judge hearing
your case is an attorney, the prosecutor is an attorney and the police/law
enforcement officers are trained professionals. To protect your rights,
you need the help of an experienced attorney who handles these types
of cases on a daily basis.
3.
Right to Know What Evidence is to be Used Against You.
You will not be getting this evidence at the time of your arrest, but
in order for you to be properly represented in the case, this is a very
important right.
4.
Right to a Fair Trial by an Impartial Jury.
You have a right to a jury trial before people who live in your community.
Of course, the only way to be certain that you are going to have a fair
trial is to have an experienced trial attorney there to protect you,
to be certain that your rights are not violated, and to fight for you
all the way through.
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