If you find yourself under investigation for a criminal matter, knowing your rights is absolutely critical. Many people inadvertently incriminate themselves by not understanding the protections available to them. In this article, we outline your fundamental rights during a criminal investigation.
Your Right to an Attorney
Your most important right is the right to legal representation. You have the right to consult with an attorney before answering any questions from law enforcement. If you cannot afford an attorney, you may be entitled to have one appointed for you.
Once you have invoked your right to an attorney, law enforcement must stop all questioning until your attorney is present. Many serious criminal cases are resolved or dismissed because law enforcement fails to honor this right.
Your Right to Remain Silent
You have the right to remain silent and not answer any questions from police or other investigators. This is sometimes called "taking the Fifth" or invoking your right against self-incrimination.
The important thing to understand is that your silence cannot be used against you as evidence of guilt. If you choose not to answer questions, simply state clearly: "I am invoking my right to remain silent. I want to speak with an attorney."
Your Right Against Unreasonable Searches
Law enforcement cannot conduct a search of your person, property, vehicle, or home without a valid warrant or your consent. The Fourth Amendment protects you against unreasonable searches and seizures.
If law enforcement searches you without proper authority, evidence obtained from that search may be excluded from trial. If you are questioned about a search, it's important to clearly state that you do not consent to any searches.
Your Right to Be Informed of Charges
You have the right to be informed of the charges against you. Law enforcement should tell you what they believe you've done and why you're being detained.
Your Right to a Fair Process
You have the right to a fair criminal process, including:
- The right to a speedy trial
- The right to confront witnesses against you
- The right to present evidence in your defense
- The right to an appeal if convicted
What You Should Do If Arrested or Under Investigation
- Remain Calm: Don't resist or argue with law enforcement
- Don't Answer Questions: Politely decline to answer questions and ask for an attorney
- Don't Consent to Searches: Clearly state that you do not consent to any searches
- Contact an Attorney Immediately: Call an attorney as soon as possible
- Be Truthful with Your Attorney: Your communications with your attorney are confidential
Common Mistakes to Avoid
- Talking to Police Without an Attorney: This is the most common mistake. Anything you say can and will be used against you.
- Consenting to Searches: Don't give police permission to search you, your property, or your vehicle without a warrant.
- Lying to Police: Lying to police can result in additional charges
- Discussing Your Case on Social Media: Avoid posting about your case on social media or discussing it with anyone other than your attorney
- Ignoring Your Rights: Clearly assert your rights
The Importance of Legal Representation
If you're under investigation for a criminal matter, having experienced legal counsel from the beginning is critical. An attorney can protect your rights and ensure law enforcement follows proper procedures, advise you on what to say and what not to say, investigate the charges against you, negotiate with prosecutors, represent you in court proceedings, and explore options for resolution.