Anytime a person is arrested on suspicion of having committed a crime, they have legal rights and protections that extend throughout the criminal legal process. These rights and protections remain in force at all times and were intended by the Founding Fathers to protect individuals against the vast and seemingly limitless resources of a government intent on convicting a criminal defendant of a crime.
Being arrested and accused of a crime is a scary and potentially traumatizing experience. In the confusion of the moment, it can be difficult to remember your rights and know what to do. By knowing your rights and having a plan for what to do if you are arrested, you can minimize confusion, protect yourself, and help ensure the best outcome in your situation.
Elmen Legal is a criminal defense law firm in Ann Arbor, Michigan. Attorney Robert Elmen represents people accused of crimes throughout Michigan. A staunch and talented protector of the rights of the accused, he can help you understand your legal rights and protect you from the harshest criminal penalties. To put his expertise to work for you, contact Elmen Legal today to schedule an appointment to discuss your situation and how Elmen Legal can help.
The Fourth, Fifth, and Sixth Amendments to the United States Constitution form the foundation of the rights of the accused. These rights apply in interactions with police and other law enforcement agents, as well as members of the judiciary and courthouse staff whenever a person is accused of a crime.
During an investigation, police and other law enforcement agents may search or seize a suspect’s property to gather evidence to prove a suspect guilty. The Fourth Amendment to the US Constitution protects people against unreasonable searches and seizures. Unless the police have a warrant, probable cause, or your consent, they cannot search your home, car, or other property.
The Fifth Amendment to the US Constitution guarantees the right to remain silent and the right against self-incrimination. It was written to protect people against divulging information they do not wish to share. These protections mean a person cannot be forced to speak with the police when they are being questioned. To assert your Fifth Amendment rights, politely but firmly tell the police you are asserting your right to remain silent and that you wish to speak to an attorney. If the police officer ignores your request and continues to ask you questions, your rights may have been violated and anything you said may not be admissible as evidence against you.
Under the Sixth Amendment to the US Constitution, a person who has been arrested has the right to a lawyer. If you choose to speak to the police, your criminal defense attorney can ensure you fully understand the questions and protect you from accidentally saying something that could be used to incriminate you. When you are being arrested, tell the police that you will not answer any questions until you speak to an attorney. The police should stop asking you questions. But if they do not, you should refuse to make any statements and tell them you are asserting your right to remain silent and wish to speak to a lawyer.
The rights of the accused apply in any interactions with police and other law enforcement officers, as well as prosecutors, judges, and court personnel.
When a person is suspected of a crime, they are typically questioned by police, and their property may be searched. By asserting your rights, you can minimize the evidence the police can collect and use to try to convict you.
To assert your rights, do not consent to a search of your home, car, or property. If the police have a warrant, ask to see it. If they ask you questions, politely yet firmly tell them you are asserting your right to remain silent and that you will not answer any questions until you have spoken to a lawyer.
If you were charged with a crime, your criminal defense lawyer should carefully analyze the evidence against you to identify anything that could be excluded from consideration. The judge will schedule pre-trial conferences, which occur after a defendant has been arrested but before their case goes to trial. During the pre-trial conference, a defense attorney can review the prosecutor’s file and any other evidence the prosecution intends to introduce. Then, your defense lawyer can work to identify potential problems and inconsistencies in the prosecution’s case, which can be used to negotiate a fair plea bargain. Your defense attorney can also file pre-trial motions, including a Motion to Suppress Evidence.
Some criminal cases are less about a defendant’s guilt or innocence and instead focus on whether the police followed protocols when conducting their investigation and placing you under arrest. If the police violated your rights or the evidence they obtained is unreliable, it should not be used at trial to try convict you. Your lawyer can file a Motion to Suppress Evidence asking the judge not to consider certain evidence. If your Motion to Suppress Evidence is successful, the prosecutor may have no choice but to dismiss the case. Alternatively, they may agree to a favorable plea bargain to reduced penalties or a less severe charge.
If your case goes to trial, the prosecutor will present evidence to try to prove you guilty beyond a reasonable doubt. At trial, a defendant is innocent. You cannot be forced to testify, but you may testify if you and your lawyer decide your testimony is a necessary part of your defense strategy. You have the right to have a lawyer and can challenge the accuracy or sufficiency of the prosecutor’s evidence. You are not required to present any evidence, but you have the right to and can call witnesses on your behalf.
If you were charged with a crime in or around Ann Arbor, Michigan, your criminal defense attorney may be the only thing standing between you and a criminal conviction. Robert Elmen is a talented and sought-after criminal defense attorney with extensive experience representing people accused of crimes in Michigan. He will fight to have the charges dropped or negotiate a substantial reduction in the severity of the penalties you face. If trial is the only option, he will mount a vigorous defense to challenge the evidence against you and fight for a Not Guilty verdict.
Call (734) 707-8915 or contact Elmen Legal online today to schedule a free, confidential, no-obligation appointment to discuss your situation and how Attorney Elmen can helps presume.
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