Know Your Criminal Rights
The criminal justice system can be a dangerous place. If you don't have a thorough understanding of your rights, from the time the police initially question you or seek to search your property through the trial and even post-trial stages, you can make critical errors-sometimes those errors mean jail time.
There are as many misunderstandings about rights in criminal cases and what they do and do not mean as there are crimes.
Pre-Arrest Rights:
You have the right not to incriminate yourself (commonly referred to as the "right to remain silent.")
You have the right to be free from "unreasonable search and seizure."
You have the right to an attorney. Be aware, however, that in most states the right to an attorney does not apply to the decision as to whether to take or refuse a breathalyzer or blood alcohol test.
You have the right to be advised of your right to remain silent and your right to an attorney.
Legal Process:
In most criminal cases, you have the right to a trial by jury. The number of jurors may vary depending upon the state and the seriousness of the charge.
You have the right to confront witnesses against you. That means that anyone who makes claims that are to be used against you must be available for questioning by your attorney.
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You have a right to examine the evidence against you.
Unfortunately, most people know just enough about their legal rights to get themselves into trouble. For instance, most people know that the police are supposed to 'read you your rights' when you're arrested, but many also erroneously believe that if the police fail to do so, the charges in question must be dismissed. That misconception leads arrestees to be over-confident, and to talk when they should instead be exercising their right to remain silent. Most rights violations in criminal cases do not result in the outright dismissal of the charges, but rather in the suppression of certain evidence, sanctions for the officers involved, and increased plea bargaining leverage for your attorney.
Remember that this general information is no substitute for the advice of counsel, and that your best defense is to refrain from making any decisions until you've had the opportunity to speak with a criminal defense attorney familiar with your state's criminal code and court system.