People subject to arrest are often very anxious about their rights and the future. They may not know what to expect. Unfortunately, those who do not know their rights are in a vulnerable position, as law enforcement professionals may try to trick and manipulate them to build a case against them. It is therefore critical for anyone who faces arrest or criminal investigation to understand their basic rights under the law.
What rights do people have when accused of a crime in California?
During time in state custody
People have two critical rights that apply to them after an arrest by law enforcement professionals. While they are in state custody, they have the right to remain silent and the right to consult with a lawyer about their situation.
Those rights are so important that police officers generally need to advise people of them before they question them after an arrest. Defendants can choose not to answer any questions asked by police officers. They can also request to call or see their lawyer.
Making use of those rights as soon as possible can make a major difference. The accused party can avoid implicating themselves and can begin developing a defense strategy immediately after their arrest.
During criminal proceedings
There are many rights that people accused of breaking the law have when facing charges. They have the right to be free from unreasonable searches and property seizures. If officers conducted an inappropriate search, a defense attorney could prevent the prosecutor from using ill-gotten evidence.
Defendants have the right to a speedy trial. They also have the right to choose whether they want a trial by jury or to have a judge make the final determination in their criminal case. Defendants have the right to know the charges against them and typically have the right to know the identity of anyone accusing them of specific criminal acts.
They also have the right to review the state’s evidence before they go to trial. This right, known as the right of discovery, allows their defense attorney to effectively plan for criminal proceedings. Lawyers can counter the evidence gathered by the state by bringing in expert witnesses or showing how the state may have made mistakes when analyzing the evidence.
There are a variety of other critical rights that may apply depending on the circumstances. Those hoping to fight their pending criminal charges often need to make use of the right to speak with an attorney as soon as possible. Talking with a lawyer can help those accused of a crime learn about their rights and start fighting for the best possible outcome given the situation.