Rights in the Criminal Justice System
The major rights all individuals have in the criminal justice system are the Miranda rights. Contact a criminal attorney if you feel your rights have been violated.
The United States Court declared in 1966 that when the police take an individual into custody before they are questioned, the individual must be read the Fifth Amendment, which states they have the right not to make any self-incriminating statements.
As the time of your arrest, you must be told the following:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to a defense attorney.
- If you cannot afford a defense attorney, one will be appointed for you.
If at the time of your arrest, you are not told the above statement nothing you say can be held against you in any type of criminal case. If the police take any evidence from you or in your vehicle prior to telling you the above statements, the evidence cannot be used in any criminal case.
The reason this is true is that many people state their guilt even if not guilty due to fear of the police. However, even if you do state your guilt and are guilty, your statement and evidence cannot be used in court, as you were not made aware of your rights to remain silent.
You have several rights that are designed to give you a fair trail, to state the way in which you can be arrested, and the way in which a search can be done legally. To learn your rights you should talk with a qualified criminal defense lawyer. You have rights with the police such as Miranda rights and
search and seizure, rights in the courtroom including rights against self-incrimination, right to counsel, right to a speedy trail, and double jeopardy protections; and rights if convicted such as right to counsel, no cruel and unusual punishment and prisoners rights. To ensure your rights are preserved talk with a
criminal defense attorney.