Wednesday, January 8, 2014

Personal Injury Lawyer Las Vegas

oakland county criminal defense attorney
The U.S. Constitution gives Americans a series of rights when they have been accused of a crime. These rights keep the trail process flowing and ensure those who are innocent do not suffer while in custody. Knowing these rights will help ensure yours are not violated when being accused of a crime. After your arrest, run down this list of rights to determine if your rights have been violated. 

Miranda Rights. 

The police must read you your rights at the time of arrest. This statement includes the words: “You have the right to remain silent,” etc. They must make sure you understand these rights and obey your wishes as granted by these rights. Right to remain silent. This is the most important right a person has. You cannot be forced to give any information about you, the crime or anything else to the police. This right is part of the Fifth Amendment - the right against self-incrimination. Do not speak to the police about anything until your criminal defense attorney has arrived. 

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Right to an attorney. 

You must be given access to have your own criminal defense attorney present. If you do not have an attorney, a court appointed attorney must be provided for you. Once the police know you have an attorney, they cannot speak to you without him being present. The attorney must also be present when speaking with the state’s attorney.

Limited time in custody. 

The police can only hold you for a limited amount of time before having to release you or having filed formal charges with the courts.

The time they can hold you depends upon local laws and the type of crime your are accused of committing. In most states, charges much be field within 48 hours of your arrest.

Be treated humanely. 

This protects you from experiencing police brutality and unfair treatment while in custody. All criminal suspects have the right to be treated humanely regardless of how heinous the alleged crime is. Decent food and clean water cannot be withheld from criminal suspects. Guilty until proven innocent. Any criminal suspect, even if being held in a jail cell, must be treated as if he is innocent until a court of law proves him to be guilty. Your rights may have been violated if you were treated unfairly and punished for the crime you have yet to be found guilty of. 

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Right to a speedy trial. 

Once you have been charged, the government cannot stall your trial proceedings. By purposely delaying your trial, the government is violating your rights. Your rights may have been violated, especially if you did not witness any of these after you have been suspected in committing a crime. Make note of all violations and speak with your criminal defense attorney. The only way to understand that your rights have been violated is to completely understand your rights and how they are protected by the U.S. Constitution. For a better understanding of your rights according to the U.S. Constitution contact your local Oakland County criminal defense attorney

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