Criminal Law Legal Guide

Know Your Legal Rights

The 5th Amendment of the Constitution guarantees rights and protections for people charged with a crime within the jurisdiction of the United States. The innocent-until-proven-guilty nature of criminal law is embodied in the words that state:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The wording of the amendment is critically important, as anyone within the country is treated equally and justly. Furthermore, additional legal precedent such as the Supreme Court Ruling in Miranda v. Arizona in 1966 established the rights read to every suspect held for a crime. These rights are merely reflections of the principles embodied in the Constitution that average citizens might not be aware of, so it was ruled everyone must be advised of their rights before questioning. These rights include:

• The right to remain silent, as reference to the 5th Amendment protection against self-incrimination
• The right to know that anything said can and will be held against the accused
• The right to an attorney to be present before and during questioning
• The obligation of the state to provide an attorney if the accused cannot afford one.

If the arresting agents do not inform a suspect of these rights it can be grounds for dismissal. Furthermore, the suspect must acknowledge they understood their rights. Additional rights include habeas corpus, which means the arresting agency cannot hold an individual indefinitely without a charge, and right to a speedy and public trial.

Your Rights and Searches: Search Warrants
Search warrants are court orders that allow law enforcement agents to enter private property or conduct investigations in order to gather evidence or pursue potential criminals. They must be signed by a judge, reflect a justification of probable cause on some level, and have very specific intent and limits. Unfortunately, they are also one of the most abused and poorly misunderstood legal documents. Thousands of individuals have thrown away their rights when confronted with overwhelming "legal" authority.

Understanding your rights can make an enormous difference in the outcome of your case. Our dedicated and experienced criminal law attorneys are more than happy to help you understand your rights, and fight for you if they have been violated. Contact us today.