Everyone is assumed to be innocent in the American legal system until proven guilty. Important clauses and rights in both our state and federal constitutions support this idea. A person may be entitled to certain of these rights even before being detained on official accusations.
It is crucial to comprehend and use these rights if you are a person of interest in a criminal investigation. Read on to learn the basics. If you have questions or require the help of an experienced criminal defense attorney, reach out to Chambers Law Firm at 714-760-4088 for help today.
Rights to search and seizure
A person’s property and person are protected from “unreasonable” searches and seizures under the 4th Amendment. This means that in most cases, a judge’s signature is required on a search warrant before police can search you or your property. There are, sadly, a lot of situations in which a warrant or consent is not necessary.
In order to keep things simple, you must always refuse a police officer’s request for authorization to search. If they felt they had the authority to conduct the search, they would not seek for permission. Your criminal defense lawyer can assist in having the findings of any improper search deleted from any potential trial if one is undertaken.
Miranda rights, often known as the Miranda warning, are a set of crucial rights that apply to those who are going to be questioned by the authorities. The 5th Amendment right to silence or avoid self-incrimination and the 6th Amendment right to counsel are both included in the warning.
It’s crucial to understand that just because you haven’t been informed of your rights or received the Miranda warning, it doesn’t imply they don’t apply yet. Even if you haven’t been detained or accused of anything yet, you can use these rights at any moment.
The right to a prompt trial
The 6th amendment’s guarantee that everyone gets a speedy trial is one last right that those who are being detained in custody need to be aware of. This has been understood to suggest that people ought to be charged against quickly in order to prevent anyone from serving a significant amount of time in jail before being found guilty.
The California Constitution specifies the time period that would be appropriate, although the US Constitution does not. Without official charges, no one may be detained for longer than 48 hours. The trial must start within 30 to 60 days after the charges are filed and your plea is accepted, depending on the circumstances.
Are you worried that your rights have been violated?
A criminal defense lawyer might be helpful if you believe your rights have been violated during a police investigation, an arrest, or a legal case. To arrange a free initial appointment with Chambers Law Firm, call 714-760-4088 right away.