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Your Rights Under the Criminal Law Today’s television channels are full of shows about lawyers, courts and police. For many people, this is their only source of information about the criminal justice system. While some of those programs portray the system accurately, most leave the general public with misconceptions about their rights should they get involved in the criminal law. This article will discuss some of the most basic rights provided under the Constitution and New York State Law. Your rights before an arrest Sometimes, the police department or district attorney’s office will try to contact a person before they are arrested to get them to make a statement or provide information. The government cannot enter your home without a warrant unless they get your permission first. They may also be allowed to enter if they are in pursuit of a suspect who, while being chased, runs into an apartment or home. Any adult who is living in the home can give consent for the police to enter. If the person refuses to allow the police to enter and the police have no warrant, they must leave. Often the police will try to use deception to gain consent to enter a home. They may say they are investigating an accident that occurred nearby and are looking for witnesses or that a neighbor complained about noise or a disturbance. One of the facts about our law that surprises most people is that the police can lie to you to get you to do what they want. They do not have to tell you the truth. Police often use deception to try to get a suspect down to the precinct to be viewed by a witness or to give a statement. If the police ask someone to come to the precinct to answer a few questions, it normally means they intend to arrest that person. Any person may refuse to go to the precinct upon request and they may also refuse to answer questions. Your rights after arrest Upon arrest, most people believe they have to be read "their rights." People are familiar with these rights from movies and TV shows. The rights are: the right to remain silent; the right to be told that anything you tell the police can and will be used against you in a court of law; the right to speak with an attorney and the right to have the government provide an attorney if you cannot afford one on your own. The fact is, the police do not have to read you the rights at the time of your arrest. They only have to read you your rights if they are going to interrogate you as a suspect. If the police have no intention of questioning you - for example, if the police observed the crime themselves or if someone filed a complaint that provides all the information the police need to make an arrest - then they do not have to read you the rights. Even if they do question you without reading you your rights, that does not mean the case against you gets dismissed. All it means is that the statement they took from you cannot be used against you. The other popular misconception is that you are automatically entitled to one phone call upon your arrest. While most police precincts will allow you to call someone if you are arrested, they do not have to. If the charge is serious enough or if the police do not want you to contact anyone at the time of your arrest, they can refuse to allow you to make a phone call. The law provides that you have the right to call someone only after your arraignment ( That’s the first court hearing after an arrest when the arrested person sees a judge and is told of the charges against them). At the arraignment, you have a right to be informed of the charges against you and to be provided with a copy of them. Your lawyer has the right to ask the judge to release you without bail. If the judge wants to set bail, your lawyer has the right to argue for a lower bail. Your rights in Court Once the case is in the Court system, the Constitution and New York State law have several protections for the defendants. You have the right to have an attorney at each critical stage of the process and if you cannot afford one the government will appoint one to you. Many counties now examine a defendant’s and his family’s finances before automatically appointing a free attorney. You have the right to be present at every hearing, but if you are not, the court may proceed in your absence. The person who accused you of the crime does not have to appear in court each time. They only need to show up if the case is going to trial. Before that time, there are many court appearances where the defendant must attend. One misconception people have about a criminal court case is that the government must give you all the information and evidence they have against you right away. Under New York State law, however, the district attorney does not have to turn over most of the evidence until the case is nearly ready for trial. In some cases, your attorney will not be given all the documents and witness statements until the trial is just about to begin. At a trial, the jury is told that defendant is presumed innocent. The government must prove the case against you beyond a reasonable doubt. The person accused does not have to testify nor do they have to prove anything. The accused’s lawyer has the right to cross-examine the witnesses and is allowed to present evidence in favor of the accused if they choose to do so. Conclusion As you can see, the criminal justice system does provide some significant rights to people accused of a crime. It does, however, allow the police and district attorney to do many things that most people thought were illegal or unconstitutional. It is important to remember that every case is different and indeed, the different counties in our area all have their own sets of rules and ways of doing things. Any person charged with a crime needs a skilled, knowledgeable, attorney to help get them and their family through the process. Quite often it is best to have that attorney on hand right at the beginning, before an arrest is even made, to make sure that all your rights are protected and that you get the benefit and protection of the law and the Constitution. |
