Rights of the Accused from Interrogation to Appeal
In the American system of criminal justice, a defendant has various rights that apply throughout or at various stages of a criminal investigation and prosecution. These due process standards ensure that defendants receive a fair trial that bolsters the public’s confidence that the prosecution has proven a defendant’s guilt beyond a reasonable doubt while observing the constitutional protections for accused individuals. Understanding the procedural safeguards provided by federal and state constitutions and statutes can help you protect and assert your rights throughout a criminal case. Contact the team at Broden & Mickelsen, LLP to learn more in an initial consultation.
Presumption of Innocence
The constitutional right to a presumption of innocence helps ensure that a jury will make a conviction based only on the prosecution’s proving each element of a charged offense beyond a reasonable doubt, the highest standard of proof in the legal system. The presumption of innocence means that prosecutors have the sole burden of proof in a criminal case. A defendant does not need to present evidence or witness testimony to prove their innocence because the law presumes their innocence. Instead, the prosecution must prove its case beyond a reasonable doubt, meaning jurors may only convict if they have no reasonable explanation for a crime other than the defendant’s guilt.
Freedom from Self-Incrimination
The Fifth Amendment privilege against self-incrimination means that the police, prosecutors, or the court cannot force a defendant to give testimony that might incriminate them in an offense. The freedom from self-incrimination prevents the government from compelling a person to provide testimony that prosecutors may later use to convict them of a crime. This freedom may also prevent private parties from leveraging the government’s authority to compel a person to provide testimony incriminating them in a crime. Under various circumstances, the privilege against self-incrimination can extend to civil cases and administrative proceedings when prosecutors may use a person’s testimony in those proceedings to support a criminal prosecution.
Right to Remain Silent
The Fifth Amendment’s protections include the right to remain silent while in police custody. This right protects a person in police custody from retribution or legal consequences for refusing to answer investigators’ questions about a criminal matter. Police may not engage in any activity designed to forcibly compel a person in custody to answer questions, such as physical/mental abuse or deprivation of food, water, or sleep.
Before a police-initiated custodial interrogation, the Miranda rights require officers to advise the arrestee of their right to remain silent. Failing to inform an arrestee of their right to remain silent may result in a court excluding from a criminal trial any incriminating statements the person made during a custodial interrogation or any evidence police obtained through further investigation using information the person gave during the interrogation.
Protection from Warrantless Searches
The Fourth Amendment protects people from unreasonable searches and seizures by government officials. Government agents must generally obtain a warrant from a court before searching a person’s home or property and seizing property found during the search. A court must find probable cause for the search (a fair likelihood that investigators will find evidence of a crime during the search) before issuing a search warrant. Under specific circumstances, police may perform a warrantless search (such as during an arrest or a traffic stop) if officers have probable cause for the search and circumstances create a risk that waiting to obtain a warrant may result in the loss or destruction of criminal evidence.
Right to Due Process
The Fifth and Fourteenth Amendments of the U.S. Constitution entitle people to procedural and substantive due process when facing criminal prosecution. Procedural due process requires the government to employ fair procedures before imposing punishment for a crime. These procedures may include notice of the charges filed against them and a trial governed by written rules (such as rules of procedure and evidence) and substantive law. Substantive due process requires fair and just laws. It ensures that the government cannot take away a person’s rights or liberty without good reason, precluding the government from arbitrary action.
Right to Be Free from Double Jeopardy
The Fifth Amendment also provides a privilege against double jeopardy, prohibiting prosecutors from trying an individual twice for the same crime. In a criminal case, “jeopardy” may occur at various points, such as the trial court’s acceptance of the defendant’s guilty plea, the jury’s swearing-in, or the swearing-in of the first witness in a bench trial. However, the double jeopardy rule does not prohibit a state government and the federal government from prosecuting an individual for the same crime.
Right to Redress Through an Appeal
A defendant’s criminal defense rights include the right to redress alleged errors during their criminal case and trial through an appeal. A criminal appeal does not mean defendants can retry their case before the appeals court. Instead, a defendant must prove that the trial court made one or more errors that adversely affected the outcome of the criminal trial. When an appeals court finds that an error occurred during a criminal prosecution, it may order various forms of relief, such as resentencing, granting a new trial, or dismissing the defendant’s charges.
Right to Legal Counsel
The Sixth Amendment entitles criminal defendants to legal counsel at various stages of a case. First, an arrestee has the right to consult a lawyer after their arrest and to have their lawyer present if they agree to submit to police interrogation. When an arrestee invokes their interrogation rights, police may not begin the interrogation until the arrestee has spoken with their attorney.
Furthermore, a person has the right to legal counsel upon formal criminal charges at an initial hearing or arraignment. During an initial hearing or arraignment in a criminal case when no attorney has entered an appearance on behalf of the defendant, the trial court may ask the defendant if they have hired legal counsel or intend to do so or if they wish for the court to appoint a public defender because the defendant cannot afford to hire an attorney. A defendant has the right to legal counsel throughout a criminal prosecution.
Contact Our Attorneys Today to Learn Your Criminal Defense Rights
After getting arrested and charged with a crime, you need an experienced criminal defense lawyer with a proven record of standing up for the rights of the accused in the criminal justice system. Contact Broden & Mickelsen, LLP today for a free and confidential consultation with a knowledgeable defense attorney to learn more about the legal protections for defendants facing criminal prosecution.