Understanding Your Legal Rights Can Help Protect Your Criminal Defense Case

Feeling the handcuffs slapped on is a sobering experience. Suddenly, you’re being arrested and charged with a crime. As a criminal defendant, you expect to have some freedoms curtailed but do you still have legal rights? The answer is yes, even criminal defendants have some rights that are guaranteed by the Constitution.  

While having a passing familiarity with the key aspects of a Colorado criminal defense case is helpful, understanding your legal rights is crucial. Your rights help protect you at the start of and during your criminal case. Sometimes, knowing your legal rights can help your attorney successfully cover every aspect of pleading your case.

Not sure what your legal rights are? We’ll look at this and how they can help your criminal defense attorney with your case.

Your Rights as a Criminal Defendant in Colorado

Regardless of your criminal charges, the United States Constitution guarantees everyone specific rights. What are these rights? Your constitutional rights are,

Unlawful Search and Seizure Protection

The Fourth Amendment addresses your right to protection against unlawful search and seizure. This means law enforcement officials can’t search your property without either obtaining your consent, presenting a warrant, or proving probable cause. 

If law enforcement doesn’t meet one of these standards, any evidence collected In a search may be inadmissible. This means the evidence can’t be used against you since your Fourth Amendment rights are violated.

When it comes to probable cause, this statute can be a little confusing. Some examples of when probable cause can apply include a search of your vehicle if you’re pulled over committing a traffic offense. If the officer suspects the vehicle may contain illegal items, this may be grounds for a probable cause search. The same can apply if you’re detained by officers in your home. A search of your property may be legally permissible.

You Have the Right to Remain Silent

Chances are you’re at least familiar with your Miranda Rights. This is a long statement the arresting officer must read to any criminal defendant at the time of their arrest. Failing to advise someone of their Miranda Rights can be grounds for a case dismissal. 

What are your Miranda Rights? You have the right to legal representation and, more importantly, the right to remain silent. Included in your Miranda Rights is the statement that anything you say can and probably will be used against you.

Your Miranda Rights protect you from making incriminating statements that can help strengthen law enforcement’s case against you.

Protection From Cruel or Unusual Punishment

While this legal right is rarely violated, unfortunately, it can occasionally happen. This right ensures law enforcement can’t violate your human rights. 

For example, you can’t be denied access to basic necessities like food and water. You also can’t be subjected to torture or punishments that are degrading. Since cameras are present in detention units, violations of this right are extremely rare.

However, if you feel you’re being subjected to cruel or unusual punishment while incarcerated, it’s best to immediately notify your legal representative. You can find reputable criminal lawyers by exploring sites like MillerLyden.com, which can connect you with experienced attorneys ready to protect your rights.

Additional Rights as a Criminal Defendant

The Sixth Amendment to the U.S. Constitution also addresses your legal rights as a criminal defendant. You have the right to legal representation. If you can’t afford to hire an attorney, the courts have the responsibility of ensuring that you have adequate representation. This typically means being represented by a public defender familiar with criminal law.

You also have the right to a speedy trial. This means your case can’t drag on unresolved for years. You also have the right to confront any witnesses. This doesn’t mean you can argue with any witnesses. Instead, your criminal defense attorney has the legal right to cross-examine them during your trial. This gives your attorney the chance to ask the witness questions and potentially disprove their statements.

Steps to Take if You Believe Your Rights Have Been Violated

Since you’re guaranteed specific rights as a criminal defendant, you have legal options if you believe your rights are violated. If your rights are violated by law enforcement, let your attorney know immediately. 

You may also want to contact the Federal Bureau of Investigation (FBI). They have a department dedicated to addressing criminal rights violations. You can find the contact information for the FBI online. You can also file a complaint with the Department of Justice.

As mentioned earlier, you’ll want to contact an attorney as soon as possible. Even though you’re being charged with a criminal offense, you still have legal rights. Remember to remain silent and request a Colorado criminal defense attorney. These are the best ways to help ensure your rights as a criminal defendant are protected and your pending case.