Knowing your rights helps ensure fair treatment by police and prosecutors.
In the American judicial system, every individual is presumed innocent until proven guilty. Our state and federal constitutions contain important provisions and rights in support of this principle. Some of these rights can apply even before an individual is arrested on formal charges.
If you are a person of interest in a criminal investigation, it is extremely important to understand and exercise these rights.
Search and Seizure Rights
The 4th Amendment protects against “unreasonable” searches and seizures of an individual’s property or person. This means that before police can search you or your property, they must typically obtain either your consent or a warrant signed by a judge. Unfortunately, there are many exceptions where a warrant or consent is not required. For simplicity’s sake, here’s what you need to remember: if a police officer asks permission to search, don’t give it. They would not ask permission if they believed they had a right to conduct the search. If an illegal search is conducted, your criminal defense attorney can help get the results of that search excluded from any trial that may occur.
Miranda Rights
Miranda rights or the Miranda warning is a collection of important rights relevant to individuals who are about to be interrogated by the police. The warning includes an advisory of the 5th Amendment right to remain silent or avoid self-incrimination and the 6th Amendment right to representation. It is important to realize that just because you have not been read these rights or given the Miranda warning does not mean they do not yet apply. You can invoke these rights at any time, even if you have not yet been arrested or charged.
Right to a Speedy Trial
One final right that is important for individuals being held in custody to understand is the 6th amendment’s provision that all individuals receive a speedy trial. This has been interpreted to mean that individuals deserve to have charges brought up against them in a speedy manner in order to protect against anyone serving lengthy jail time before conviction. While the US Constitution does not define what time frame would be appropriate, the California Constitution does. Individuals may not be held in custody without formal charges for more than 48 hours. Once charges are filed and you enter your plea, the trial must proceed within 30 to 60 days depending on the case.
Suspect Your Rights Have Been Violated?
If you suspect your rights have been violated in the course of a police investigation, arrest, or judicial proceeding, a criminal defense attorney can help. Call 714-760-4088 now to schedule a free initial consultation with Dan E. Chambers.
