When you are arrested for a crime, it is critical to understand your basic constitutional rights. Oftentimes, those who have committed a criminal offense think they have lost all of their rights. However, criminal defendants have certain rights that protect them from being unlawfully prosecuted by the courts. Continue to follow along to learn more about the rights you have when facing a criminal trial and how a determined Camden County Criminal Defense Attorney can help ensure your rights are protected.
What are criminal defendants’ rights in New Jersey?
If you are facing a criminal trial, some laws protect your basic constitutional rights. Under the United States Constitution, criminal defendants’ rights include but are not limited to the following:
- Fourth Amendment Rights. Firstly, when arrested you have the right to be protected from unlawful searches and seizures. Essentially, your property, home, and vehicle cannot be searched and your personal belongings cannot be seized if a law enforcement officer does not have probable cause or a search warrant. If an unreasonable search and seizure have been conducted, any evidence obtained cannot be used against you as it was illegally recovered.
- Fifth Amendment Rights. When detained by law enforcement officers, they must read you your Miranda Rights. You have the right to remain silent as anything you say can and will be used against you in a court of law. It is always better to remain silent until you consult with an attorney. Essentially, this right protects you from incriminating yourself.
- Sixth Amendment Rights. Moreover, you have the right to adequate legal representation. If you cannot afford a criminal defense attorney, one will be provided to you by the courts. Having a criminal defense attorney represent you ensures your rights are protected throughout the trial. In addition, you have the right to a speedy and public trial, as well as the right to a public jury. Finally, you have the right to confront witnesses. Essentially, you have the right to defend yourself against a witness’ testimony.
- Eighth Amendment Rights. Furthermore, you have the right to reasonable bail and against cruel and unusual punishment. Despite committing a crime, you still have basic human rights that protect you from torturous treatment.
If you believe that your rights have been violated in any capacity, it is important to inform your attorney. They can then take the necessary steps to ensure your rights are protected. If you are arrested you must understand your basic rights as you can be taken advantage of if you are not informed. When arrested, you should retain the legal services of an experienced attorney who can help you navigate the complexities associated with a criminal trial.
For more information on your rights during a criminal trial, please contact a qualified Camden County criminal defense attorney. Our firm is committed to protecting our client’s rights.