When someone is facing criminal charges, they have basic rights that the courts cannot suppress. While most people will be familiar with some of these rights, it is important for everyone to understand what all of them are just in case they are arrested and need to make sure all of their rights are protected.
Right to Remain Silent
One of the most important rights of criminal defendants is the right to remain silent. Before, during, and after the arrest, the person does not need to say anything at all. They may be required to identify themselves to the police, but they do not need to answer any questions. The idea behind this is to avoid saying anything that could inadvertently be self-incriminating.
Right to an Attorney
Everyone who is arrested has the right to an attorney. They have this right as soon as they are arrested and do not need to wait until their trial to seek legal assistance. If the arrested person cannot afford an attorney, one can be appointed to them at no cost.
Right to a Jury Trial
Trials can be done in front of a jury or just in front of a judge. Depending on the circumstances, one may be better than the other. However, the person still has the right to a jury trial if they would like one. This right may only be applicable if the person is arrested on a serious charge in which potential penalties could be six months in jail or longer.
Right to a Speedy Trial
The definition of a speedy trial may be up for debate, but everyone who is arrested does have the right to a speedy trial. This means that they cannot be held in jail for years before their trial is scheduled to begin. This is one right that can be waived if the arrested person wishes to do so.
Right to a Public Trial
Those who are arrested have the right to a public trial. This means they have the opportunity to have the trial in a public setting where others can see everything that happens to avoid secret hearings. This helps to ensure other rights are not violated during the trial.
Right to Face Witnesses
Someone who is arrested has the right to face any witnesses in their case during the trial. This means they have the right to cross-examine any witnesses, justify their position against the witnesses, and counter the witness accounts with their view of what occurred. Most of the time, cross-examination will be done by the arrested person’s lawyer.
Right to Avoid Double Jeopardy
Those who are arrested have the right to avoid double jeopardy. This is where the arrested person is charged for the same offence twice. Double jeopardy does not apply if the person is charged with multiple counts for a crime, if the case is appealed and needs to be tried again in the original court or if they are arrested in the future and accused of committing the same crime a second time. Instead, it means that if they are found not guilty, they cannot be tried again in the same court for the same crime.
If you have been arrested, speak with a lawyer today about your rights through the court process. They can make sure you receive a fair trial by making sure all of these rights are upheld.
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