My Rights

There are some very basic rights that every person has in this country, and two very important ones apply even if you commit a crime in the United States and then flee the country.

Right to Remain Silent

You have an absolute right during an investigation not to incriminate yourself or even speak to a police officer or detective. You can always tell police officers that you would like to speak to an attorney first before you answer any questions. This right applies even if you flee the country after committing a crime in the United States. Some police officers will continue to try and question you. Do not give in, as anything that you say will be used against you in court. The Constitution gives you this right for a very good reason. Do not give it up and speak to the police before consulting a lawyer.

In court proceedings you alone can decide if you want to testify at a trial. You should have long counseling sessions with your attorney about whether to testify, and weigh the risks and benefits for your particular case. The right to remain silent is a very important right and the consequences of speaking before, or during your case can affect the outcome of your case.

Remember, police officers are investigating a potential crime and if you are a suspect, they are trying to get you to admit to facts they don’t know that can hurt you, or facts they want you to admit to help make a case against you.

Police officers are allowed to lie to you, deceive you and present false evidence to you. They also do not have to tell you what they know. Since they hold all the cards, you are at an extreme disadvantage to talk to the police. Ask to speak to a lawyer and if they say you don’t have a right to one, don’t talk anyway. Don’t think you can talk your way out of a case. Police will check on your story. Don’t make the job any easier for them. Another very good reason not to talk to the police if you are suspected of a crime is that you may be misquoted or taped when perhaps you don’t want to be. Police officers carry digital tape recorders in their pockets and interview rooms at police stations are videotaping your body language, words and conduct.

DUI cases are about the only kind of crime where you don’t have a right to talk to an attorney while they are investigating you. This is a special exception to the Miranda warnings.

Right Not To Be Searched

The Bill of Rights, part of which is contained in the 4th Amendment to the US Constitution, is the right to be free from unreasonable searches and seizures. If a police officer asks your permission to search you, your car or your residence, then the very fact that he is asking you means its not reasonable under the circumstances to search the area he wants. If he gets permission from you, then its not unreasonable!

Do not let a law enforcement officer search your person, car or residence if he asks you. If he has the authority to search, he won’t ask your permission. If the officer tells you he will have to detain you to get a warrant, tell him that’s fine. He is probably lying to you because he figures you won’t want to be inconvenienced by a several hour delay. Keep in mind that for a police officer to get a search warrant signed by a judge is a much bigger undertaking and inconvenience to the police a hundred times over. The average search warrant must be written mainly from scratch, detail everything the officer knows about the case, inculpatory and exculpatory, and that means about 10 pages of typing. Then the officer has to find a judge to read it and sign it. If you give consent to the search, you won’t be able to fight it in court. If the officer had to get a warrant, you can attack the warrant in court.

If an officer asks permission to search, it means he doesn’t have the legal right to search. Simply tell the law enforcement officer thank you for asking permission first, but you would politely decline his invitation. This right also travels with you to foreign countries for crimes committed in the US. Police have no right to search you, your hotel room or vehicle in a foreign country without a warrant from the United States or the foreign country.

Right to a Lawyer

If you do not have enough money to hire an attorney, the court will appoint one for you. You do not have a right to choose your specific lawyer or appointed attorney. You could get a great lawyer or someone who won’t return your calls because they are too busy with other cases. Once you appear in court for an arraignment, a lawyer will be assigned to you or you can ask for a two week continuance to hire your own.

Right to a Jury Trial

You are presumed to be innocent, and unless you take advantage of a plea bargain, or your case is dismissed by a motion, your case will go to trial. At a jury trial, 12 persons will be selected from the community to hear the facts of the case. The prosecution has the burden of proof and must convince all 12 jurors beyond a reasonable doubt to your guilt. If you are found guilty, only the judge can sentence you. All potential plea bargains are no longer considered.

Right to Produce Evidence

A defendant in a criminal proceeding has a right to compel witnesses to come to court and testify at a trial at no cost to a defendant. A defendant in a criminal proceeding also has a right to compel physical or documentary evidence to be brought to court pursuant to a subpoena at no cost to a defendant.

Right to Confrontation

At trial, your attorney is entitled to cross examine each witness that the prosecution calls to testify against you. This is a very important right and allows you to test the strength of the prosecution and expose the weaknesses of the prosecution’s case.