1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt
Subscribe to this list via RSS Blog posts tagged in right to remain silent

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.

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top