When you are facing arrest, there are a number of overwhelming emotions you may experience. From confusion and anxiety to frustration, this is a complex time for many. Though it may seem like there isn’t much you can do in this instance, knowing the rights afforded to you as a criminal defendant is essential. The following blog and a Cobb County Criminal defense lawyer can help you discover what protects you have when facing criminal charges.
What Rights Do I Have As a Criminal Defendant?
Under the Amendments of the United States Constitution, those accused of crimes are guaranteed certain rights. Understanding these rights is paramount to knowing whether or not your rights are being violated.
One of the most important rights afforded to those who are under arrest is the right to remain silent. This right under the Fifth Amendment ensures those taken into custody do not accidentally incriminate themselves when speaking with police. It is imperative that you invoke this right until you can discuss the details of your case with an experienced criminal defense attorney.
Also, the Eight Amendment protects those facing criminal charges from subjection to cruel and unusual punishment. When you are accused of illegal activity, it is vital to understand that law enforcement does not have the right to torture and degrade you as punishment. This Amendment also protects from unreasonable and excessive fines and bail.
Finally, the Sixth Amendment is vital as it guarantees a number of protections. This includes the right to an attorney. If you cannot afford an attorney, one will be provided to you by the state. However, you should do everything possible to hire an experienced criminal attorney to protect your best interest. The Sixth Amendment also guarantees the right to a quick trial, an impartial jury, and the ability to know who your accusers are.
If My Rights Are Violated, What Should I Do?
If your rights are violated in any way, it is imperative to contact your attorney as soon as possible. It is illegal for the state to violate the protections provided to you under the Constitution, and informing your legal representation of these violations immediately allows them to take the necessary actions to protect you. Similarly, violations may be able to help your case. If you’ve been tortured, it may work as a defense. This also works for the Fourth Amendment, which protects from unlawful search and seizure. If the police took evidence from your home illegally, your attorney might be able to get this evidence dismissed, helping your case in the process.
At the Miller Law Practice, our criminal defense team will work tirelessly to help you navigate the charges against you. We will do everything possible to help you achieve the best possible outcome for your unique situation. Contact our office today to connect with an attorney and discuss the details of your case.