What do I need to know about my rights?

Any person that has been accused of a crime in the United States is entitled to basic rights under the Constitution. These rights are outlined in the Bill of Rights, and must be upheld throughout the criminal trials process or risk having a charges reduced or even eliminated. Knowing your rights as an accused criminal can help you determine if law enforcement has overstepped their bounds and take action.

Under the Bill of Rights, an accused criminal has:

1. Right to remain silent. This prevents anyone that has been accused of a crime from being a witness against themselves. This means that no one can force you to speak, and if you invoke the right to remain silent, you cannot be asked to take the stand in court.
2. Right to confront witnesses. Witnesses that accuse someone of a crime must be cross-examined by the defense in court based on their testimony to law enforcement. This is to prevent hearsay from entering the criminal trial as fact.
3. Right to a public trial. A public trial makes sure that the government observes all the rights they are required to. When family, friends, citizens, and the press are able to witness the courtroom procedures, there is pressure to uphold the law.
4. Right to a jury trial. Unless you have been charged with a petty crime, you have the right to a jury of at least six people. The jury must come to a unanimous decision to declare the defendant guilty or innocent. Jurors are selected from the community and then screened to remove jurors that may be biased.
5. Right to a speedy trial. While there is no federal mandate that determines how long a case must sit before it is considered delayed, judges can decided on a case-by-case basis who to bring to trial.
6. Right to legal representation. You have the right to appoint your own attorney, but when you cannot afford one, the court will provide one to defend your case. If an attorney is not appointed, then the judge will not be able to try the case as usual. In addition, this legal representation must be provided by an attorney that is reasonably good at their job. This does not mean the attorney has to be perfect, but that they have to be competent.
7. Right to be free of double jeopardy. This prevents you from being tried for the same crime more than once. This does not stop you from being charged at both the state and the federal level if their actions violated conducts of both.

There are some situations where violating these rights are legally acceptable, most often when children are involved. For example, a child that has been sexually assaulted will not have to stand witness in front of the accused but can testify via television.

If you are wondering about your rights as they apply to a criminal case, you can consult with a criminal defense attorney. Violation of your rights is against the law, and your criminal case is affected by the actions of law enforcement.