Criminal Defense

Rights for Every Individual

Right to Remain Silent

What to Say If You Are Ever Arrested

You have the right to refuse to speak with any law enforcement officer. Exercise that Right! Ask for an Attorney from the beginning. Tell the officers you will have no problem speaking with them about the case when your attorney is present and tells you it is okay to do so. It's just that you have been told to get an attorney to ensure there is no confusion and everyone is on the same page.

Do not feel that you must defend yourself or your actions. When the officers read your Miranda rights and say that what you say "can be used against you," read that as "will be used against you." It is rare in today's environment that officer's will cut you a break based on what you tell them. They are more likely to use it against you, either in filing charges or in running plea offers up.

Right to Representation

All criminal defendants have the right to an attorney throughout legal proceedings. If the defendant cannot afford one, the court will appoint an attorney free of charge. However, once you bond out of jail, the Judge assumes that you will be working and therefore can retain counsel on your own.

Right against Self-Incrimination

All criminal defendants have the right to remain silent and not incriminate themselves, and the right to testify on their own behalf. Defendants should remember to remain silent, let your attorney do the talking for you.

Right to a Jury Trial

All criminal defendants have the right to a speedy trial. At trial, you are presumed innocent, and cannot be convicted unless all jurors are convinced of your guilt beyond a reasonable doubt.

Right to Produce Evidence

All criminal defendants have the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

Right to Confront Witnesses

All criminal defendants have the right to confront and cross-examine all witnesses testifying against them.

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