man with hands in handcuffs

When you’re facing criminal charges in Georgia, it’s easy to feel hopeless about the outcome of your case. After all, the prosecution has a seemingly unlimited number of resources to hold you liable. However, it’s important to realize that you have the Constitution on your side. As a criminal defendant, you are granted a number of rights to protect you while you navigate the legal system with the help of a Cobb County criminal defense lawyer. The following blog explores what criminal defendants should know about their rights and why obtaining legal representation is critical if your rights have been violated.

Do Criminal Defendants Have Rights in Georgia?

When you are charged with a crime, you have a number of important rights provided to you by the United States Constitution. Generally, one of the most important is the right to remain silent, as guaranteed by the Fifth Amendment. Essentially, this means when you are placed under arrest or interacting with the police, you do not have to speak to them so as not to incriminate or implicate yourself in a crime. If arrested or questioned, you simply have to inform the officer that you are invoking your right to silence.

Some of the most important rights you are afforded in the United States as a criminal defendant are protected by the Sixth Amendment. This protects your right to the following:

  • A speedy trial
  • To confront your accuser
  • To know what evidence will be used against you
  • To an attorney if you cannot afford one
  • To an impartial jury

Finally, an important right of all citizens, but especially those who are charged with a crime is protection from unreasonable searches and seizures. Essentially, under the Fourth Amendment, law enforcement must have probable cause, a warrant, or your consent to conduct a search of your property and to take items as evidence to use against you.

What Should I Do if My Rights Are Violated?

If you believe your Constitutional rights were violated, the most important thing you can do is connect with an experienced attorney who can help take the appropriate action to fight for justice.

For example, if you were not read your Miranda rights upon your arrest, and thus did not know you did not have to talk to the police, your attorney can fight to prove that this is a violation of your Fifth Amendment right, and can argue to have anything you said deemed inadmissible in court.

As you can see, violations of your rights are serious issues. However, trying to fight on your own can lead to unfavorable outcomes. That’s why it’s in your best interest to connect with Miller Law Practice, LLC. Our team understands how complicated these matters can be, which is why we are dedicated to protecting the rights of our clients. Contact us today to learn more.