In the United States, anyone arrested and charged with a crime has certain legal rights and protections guaranteed under the US Constitution. These rights remain in effect at all times and are intended to protect the accused from being wrongfully convicted.

Nonetheless, being arrested and charged with a crime can be a frightening and stressful experience. You may not know what to expect. You might feel ashamed or frightened about being in this situation. You might worry about accidentally incriminating yourself.

By understanding your rights and knowing how to protect yourself if you are confronted with being arrested, you can minimize fear and confusion and ensure an optimal outcome in your situation.

What Are the Rights of the Accused?

The Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution establish the rights of people accused of a crime. These rights apply at all times in interactions with police and other law enforcement officers, as well as prosecutors, judges, and other court personnel.

Right to Remain Silent

The Fifth Amendment guarantees the right to be free from self-incrimination. If you have been arrested, you can lawfully refuse to answer police questions. At trial, you have the right not to testify, and your refusal to testify or answer questions cannot be held against you.

However, to assert your right to remain silent, you must tell the police you are invoking your right to remain silent and that you wish to speak to an attorney.

Right to an Attorney

Under the Sixth Amendment people have the right to legal counsel. You have the right to an attorney at trial, during police interrogations, juvenile proceedings, and in certain other situations. If you cannot afford an attorney, the state must provide one for you.

Right to Be Informed of the Charges Against You

If you have been arrested, you have the right to appear in court to be told the nature of the charges against you and the maximum penalty you could face if you are convicted.

Right to be Presumed Innocent

The presumption of innocence is a cornerstone of the American legal system. Anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt.

Right to Be Convicted Only by Proof Beyond a Reasonable Doubt

The government can only secure a conviction if they establish every element of the crime beyond a reasonable doubt. Beyond a reasonable doubt is the highest standard of proof in the American legal system. It is not the freedom from any doubt. Instead, it means there is no plausible reason to believe something occurred in a different way. If, after hearing all the evidence, there is no real doubt that someone did what they were accused of, the prosecutor has met its burden.

Right to a Speedy Trial

You have the right to a speedy and public trial by a jury of community members. A speedy trial must occur within 90 days of your first court appearance if you are not in jail, or within 60 days of your first appearance if you are in custody. The trial must occur in a courtroom that is open to the public.

Right to Confront Your Accuser

You have the right to confront your accuser and to cross-examine all witnesses who testify against you. If the prosecutor subpoenas people to testify, you (through your attorney) have the right to question those witnesses.

Right to Call Witnesses

You have the right to call witnesses to testify on your behalf. These witnesses can be compelled to appear in court through a subpoena.

Right to Testify

You have the right to testify, or you can choose not to testify. If you testify, the prosecutor can cross-examine you about the case and anything you said while you were testifying. You can also choose not to testify and assert your right to remain silent. No one can force you to take the witness stand. This decision cannot be held against you if you choose not to testify.

What To Do If You Are Placed Under Arrest

If you believe you are under investigation or have been placed under arrest, the steps you take can profoundly affect the outcome of your case. The two most important things to remember are:

1. Politely but firmly tell the police you are asserting your right to remain silent.
2. Ask to speak to an attorney.

You also have the right to a phone call. But remember — most calls from the jail are recorded, and anything you say can (and almost certainly will) be used against you. When you make a call, simply tell the other person you have been arrested and need an attorney. Do not discuss details of the case.

You should also avoid discussing your circumstances with anyone else in jail with you. Your conversations could be monitored or you could unknowingly be talking to a Confidential Informant.

Contact the Campbell Law Firm Today

If you were charged with a crime in Skagit, Island, or San Juan Counties, the Campbell Law Firm can help. Contact us today by calling (360) 588-4111 or completing our online form.