Understanding Your Rights as a Defendant
If you’ve been arrested for a drug crime in Texas, it’s important to know exactly what your rights are. Moving forward in your case without knowing your rights can result in mistakes which harm your chances of a favorable verdict in court. Explore your constitutional rights and take note of whether they’re violated at any time.
At What Point Do You Become a Criminal Defendant?
Once you’ve been arrested and charged with a crime, you’re considered a criminal defendant. This is typically a stressful time with a lot happening at once, so it’s extremely important to know your rights during this process.
Knowing Your Constitutional Rights
Certain rights are written into the constitution to protect those who have been accused of a crime. Having a thorough understanding of them can make the difference between winning your case or serving time. Here are some of the most important rights you have as a defendant:
Protection from Unreasonable Searches and Seizures
The fourth amendment protects defendants from searches that occur without probable cause. The goal of this is to ensure that evidence used against you in court was legally obtained.
The Right to Remain Silent
Known as Miranda Rights, the right to remain silent protects defendants from self-incrimination or revealing pertinent information that harms their case. If you discuss details of your case with police, they have the right to hold it against you in court, so knowing and exercising your Miranda Rights is extremely important.
The Right to Representation
Anyone who has been accused of a crime has the right to legal representation. In the event that they can’t afford a lawyer of their own choosing, the law states that one will be appointed by the government.
The Right to a Speedy Trial
The right to a speedy trial is a crucial right for defendants. It grants the accused the right to a speedy trial shortly after their arrest, rather than holding them in prison for years at a time before a trial. Speak to your lawyer if you think your right to a speedy trial may have been violated.
The Right Against Double Jeopardy
If you’ve been tried already for a crime, the constitution makes it illegal to try a defendant again for the exact same crime. It’s important to note that in addition to criminal charges, a civil case may be brought against a criminal defendant.
The Right to a Public Jury Trial
Anyone who gets arrested has the right to a trial by a jury of their peers. While state laws may determine details of this process, federal law ensures that all defendants deserve a fair trial.
Hire Phillip A. Linder for Top Quality Representation in Court
With over 25 years of experience arguing in the courts of Texas, Phillip A. Linder understands the stresses clients feel when defending charges. Hire Phillip A. Linder and you’ll be putting decades of real experience in the courts of Dallas, TX on your side. Contact Phillip A. Linder today to schedule a free consultation.