It can be downright terrifying to be accused of a crime. The threat associated with these allegations are serious, too, justifying your fear. A conviction can lead to jail or prison time, damage to your reputation and employment prospects as well as negative outcomes in any pending child custody proceedings. In other words, your future is on the line when you’re facing accusations of a criminal offense.
With so much at stake, it’s hard to figure out where to start with your criminal defense. Fortunately, if you’ve been wrongly accused, then you have several legal protections that may help protect you. Let’s take a closer look at them in this post so that you have a better understanding of the process and how to aggressively protect yourself throughout your criminal case.
How to rely on your rights to defend against false allegations of criminal wrongdoing
The good news is that you have several legal rights that you can rely upon to try to protect yourself in a criminal case. This includes:
- The right to remain silent: You never have to talk to the police. Whether you’re subjected to a traffic stop or are arrested, taken to the police station and questioned, you don’t have to provide the police with any answers to their inquiries. You’re better off not talking to the police, as they’ll otherwise twist your words so that they can be used against you in court.
- The right to decline consent to a search: A lot of individuals who are accused of a crime make the mistake of consenting to a search of their car, home, place of business or their person, which can subsequently lead to the seizure of incriminating evidence. Don’t let the police do whatever they want. If they want to conduct a search of your property, force them try to get a warrant that’s supported by probable cause.
- The right to leave: The police can’t hold you in custody unless they’re ready to arrest you based on a crime that they intend to charge against you. So, if the police are harshly interrogating you, simply ask if you can leave. If they answer in the affirmative, then you can and should leave. Don’t feel obligated to provide the police with additional opportunities to try to incriminate you.
- The right to an attorney: When you’re subjected to custodial interrogation, the police have to inform you of your right to an attorney. Whether you act on that right is up to you, but you should carefully consider the benefits of having an attorney by your side, as they can guide you throughout the criminal defense process and advocate on your behalf every step of the way.
- The right to be informed of your rights: Again, if you’re being interrogated while in custody, then the police are required to advise you of your rights. If they don’t, then any subsequent statements, even an admission, could be deemed inadmissible in court.
Act to protect your rights in your criminal case
Although you have a lot of legal protections as you navigate the criminal justice system, it’s going to be up to you to advocate for yourself and the implementation of those rights. If you’re not assertive, then the police and prosecutors might trample all over you to secure the conviction that they want. You can’t let that happen to you based on false allegations, which is why now is the time to start thinking about the best way to act on your rights and build an effective criminal defense strategy.