What is the best weapon to have when you are facing criminal charges?
It’s not an expensive lawyer or a connection to a high-powered attorney. It’s knowledge. And more specifically, the knowledge of the constitutional rights you have when you are accused of a crime.
Here’s the deal…
When most people are in that position, they are ignorant of their rights and make the biggest mistakes while being arrested and interrogated that can later kill their case.
The good news? Knowing what your rights are today could mean everything tomorrow.
Let’s take a look at…
- Why it is Important to Know Your Rights Right Now
- The Rights of a Defendant
- How to Exercise Your Rights Correctly
- Common Mistakes that Kill Criminal Cases
Why it is Important to Know Your Rights Right Now
There are a ton of criminal cases going through the system every single year. In fact, according to the U.S. Sentencing Commission, in 2024 there were 61,639 original sentencings in federal court. That’s a lot of people.
But here’s the thing…
According to the U.S. Courts, about 90% of federal criminal defendants are appointed counsel. This means, in other words, that about 90% of people facing criminal charges are unable to afford an attorney.
Which is why knowing what your rights are is so important.
Defendants are at a huge disadvantage without this knowledge. The government and the prosecution have resources, experience, and the full force of the state behind them.
Rights give defendants a fighting chance.
The Rights of a Defendant
Constitutional rights are not simply words. They are actual legal protections that can truly make a difference in a criminal case. Here are the most important of those rights.
The Right To Remain Silent
The Fifth Amendment gives us the right to remain silent in order to protect us from self-incrimination.
What that means in layman’s terms…
Is that no one can be compelled to testify against themselves in a criminal case. This protection extends to any questioning by the police, the prosecution, and investigators, meaning that anything someone says can be used as evidence.
What’s more, silence itself can be used as evidence of guilt, which is why this right is so important.
The U.S. Supreme Court made this crystal clear in the case of Miranda v. Arizona in 1966. This case established the Miranda warnings police are required to read when interrogating people while in custody.
Miranda exists for a reason, and it’s to protect individuals from making statements they’ll regret later.
The Right To An Attorney
The Sixth Amendment to the U.S. Constitution guarantees the right to an attorney, regardless of whether the person accused of a crime can afford it.
Need a lawyer, but can’t pay for one?
The government is required to provide an attorney at no cost to the defendant. This is the basis for the public defender system.
This right does not just mean that a lawyer will be present at a criminal trial, however. It also means that a person has a right to have an attorney present during questioning and prior to making any statements. It also includes the right to effective representation during the criminal process.
The Sixth Amendment right to counsel attaches when formal charges are filed. From that moment on, the government cannot try to elicit information from the defendant without the attorney present.
The Right To Due Process
The Due Process Clauses of the Fifth and Fourteenth Amendments guarantee that the government cannot take away a person’s liberty without first providing fair procedures.
In other words, due process looks like…
The right to proper notice of the charges, a fair trial before an impartial jury, the right to confront witnesses, and the right to present a defense. In short, due process is designed to prevent the government from steamrolling the criminal justice system.
The Right Against Unreasonable Searches
The Fourth Amendment to the U.S. Constitution prohibits the government from conducting unreasonable searches and seizures.
Let me make something perfectly clear…
Police officers generally need a search warrant in order to search a person or a person’s property. There are exceptions, but they are narrow. Evidence obtained through an illegal search can often be thrown out of court.
This is so because that evidence is considered tainted.
How to Exercise Your Rights Correctly
One thing is to know rights, the other is to properly exercise them.
The most important principle is the following…
Be clear and unambiguous. The courts have consistently ruled that the invocation of rights must be clear and unequivocal. A statement such as “maybe I should speak to a lawyer” may not be enough to invoke the right.
Instead, you need to use clear and direct language:
- “I am invoking my right to remain silent.”
- “I want an attorney present before any questioning takes place.”
- “I do not consent to any searches.”
One more thing to note…
Always be polite and calm. Invoking your rights is not the same thing as being confrontational. In fact, respectfully asserting your rights under the Constitution is not only legal, but also perfectly appropriate.
Document everything you can, as well. Write down names, badge numbers, and exactly what took place. Details can become important later on.
Common Mistakes that Kill Criminal Cases
Smart people often make horrible mistakes when put under pressure. Here are some of the most common mistakes to avoid.
Talking Too Much
This is the number one mistake people make. Defendants think they can explain themselves and get out of trouble. They can’t.
Anything a defendant says can be used against them in court, which is why talking is a huge no-no. Prosecutors will do everything they can to twist innocent and unwitting statements into evidence of guilt.
The solution is simple: Stay silent and do not say anything to the police until a lawyer is present.
Consent to Searches
Police often ask permission to search. Many people think that if they refuse to allow a search, it will appear suspicious. It doesn’t.
Refusing to consent to a search is not in itself evidence of a crime. But consenting to a search could lead to all kinds of problems if the police don’t have a warrant.
Delay in Obtaining Legal Help
Time is of the essence in any criminal case. Physical evidence can disappear. Witnesses forget. Deadlines for filing motions pass.
Obtaining legal help at the earliest possible time can make all the difference in the world when it comes to the outcome of a criminal case.
Posting on Social Media
Social media is evidence. Prosecutors love finding incriminating photos, messages, and status updates on social media.
The rule is simple: Do not post anything about the case, period. Under any circumstances.
Wrapping Things Up
Knowing and understanding your rights when facing criminal charges is not a luxury, it’s a necessity.
Rights exist for a reason, and that is to prevent overreach by the government and to ensure that people are treated fairly by the criminal justice system. It is how defendants can go up against the vast resources of the state and the might of the U.S. government.
A few key takeaways…
- Remain silent and don’t say anything to the police or investigators until a lawyer is present
- Never consent to a search if the police don’t have a warrant
- Exercise your rights in a clear and unambiguous way
- Obtain legal help at the earliest possible moment
- Document everything to the best of your ability
The criminal justice system is intimidating, and complex, but knowledge is power. Understanding your rights today could literally save your freedom tomorrow.
Don’t wait for the cuffs to come on to educate yourself on your rights. Know them now. Exercise them properly. And always remember to seek the help of a qualified criminal defense attorney if and when you are facing criminal charges.
