What are some of my important rights in federal court?
You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first.
- If you are charged with a felony, you have a right to have your case presented to a grand jury where a group of citizens vote as to whether there is probable cause you committed the crime charged. If you are arrested for a felony offense before an indictment is returned, you have a right to a preliminary hearing where a magistrate judge determines if there is probable cause you committed the crime charged.
- You have a right to be represented by an attorney and have an attorney appointed by the court if you can show that you cannot hire an attorney.
- You have a right to a detention hearing if the government seeks to keep you in jail pending your trial.
- You have a right to discover the evidence against you.
- You have a right to have the government prove any charge against you beyond a reasonable doubt. The beyond-a-reasonable-doubt standard is the highest standard of proof in the American justice system.
- You have a right to a speedy jury trial. Unlike in state court, a jury in federal court only decides the issue of guilt and innocence, not the sentence.
- If there is a trial, you have a right to testify at the trial. But, on the other hand, you cannot be forced to testify, and if you choose not to testify, that fact cannot be used against you.
- You have a right to use subpoenas to make witnesses come to court and testify on your behalf at any trial.
- If there is a trial, you have a right to have your lawyer cross-examine the government’s witnesses.
- You have a right to appeal your case, and if you cannot afford a lawyer, you have a right to an appointed lawyer on appeal.