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Accused of a Crime? You Have Rights

Posted on in Criminal Defense

San Jose criminal defense attorneyWhen you are accused of a crime, it can feel like you have no control over your situation. The criminal process can be confusing, and it can sometimes feel like a waiting game when you are in the middle of the criminal justice system process. Though you do have limited control over your situation when you are accused of a crime, there are certain rights that you do have. The United States Constitution guarantees specific rights to each and every U.S. citizen if they are ever accused of a crime. These rights were granted to citizens to ensure that each person has the same chance to a fair trial.

Right to Be Presumed Innocent

When you are accused of a crime, you are presumed to be innocent. In California, the burden is on the state to prove that you are guilty of the crime you are being accused of. This is where the widely-known phrase “innocent until proven guilty” comes from. Going along with your right to presumed innocence, you must also be proven guilty beyond a reasonable doubt, which was put into place to try to prevent people from being incriminated on scant evidence.

Right to Remain Silent

As many people know from popular television shows like “Cops,” the right to remain silent is one of the first rights you are informed of when you are arrested or before you are interrogated by police. Thanks to the Supreme Court case, Miranda v. Arizona, all citizens have the right against self-incrimination. This right means that you do not have to answer any questions or make any statements to police and that a jury cannot use your silence to infer guilt.

Right to an Attorney

Also part of the Miranda Rights is that you must be informed of your right to legal counsel if you are arrested and before you are interrogated by police. You have the ability to choose who represents you. If you cannot afford an attorney, the state is required to appoint an attorney to your case who is responsible for preparing your defense.

Have You Been Charged With a Crime? A San Jose, California Criminal Defense Attorney Can Help

It can be a pretty scary experience if you ever find yourself in trouble with the law. Though being accused of a crime can be a nerve-racking experience, it is important to remember that you do have rights and that you are able to invoke them at any time. At the Jachimowicz Law Group, we have a long track record of getting our clients’ charges dismissed or reduced. Our skilled San Jose, CA criminal defense lawyers can go over the details of your case and build a strong defense. Call our office today at 408-246-5500 to schedule a free consultation.

Sources:

https://liberal-international.org/what-we-do/events/executive-committee-meetings/marrakech-2016/10-basic-rights-accused-persons-criminal-proceedings-marrakech-2016/

https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-7.pdf

 

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