Our nation’s criminal justice system is founded on the presumption of innocence until proven guilty beyond a reasonable doubt. This means that anyone arrested for an alleged criminal offense has several legal rights and protections, many of which are specified by the Constitution. These constitutional rights are intended to protect defendants from unjust actions that deprive them of the presumption of innocence to which they are entitled until proven guilty. Unfortunately, law enforcement does not always inform defendants of their rights, which can jeopardize their future and their freedom. If you are facing criminal charges of any kind in the greater Vancouver or Camas area, it is essential that you contact an experienced criminal defense attorney right away to understand your legal rights and to exercise them at every opportunity. Let’s take a look at three significant rights of a criminal defendant in Washington state so you can recognize potential violations and exercise your constitutional rights as you move through the criminal justice process.
The Right to Remain Silent
Most people are familiar with the saying, “You have the right to remain silent.” This phrase is typically stated by the arresting officer when they take the defendant into custody. One of the most important amendment rights of the accused is the ability to refrain from making statements to law enforcement that could incriminate them or be used against them in court. If you are arrested or charged with an alleged crime, you have the right to invoke your right to remain silent until you have had the opportunity to discuss the details of your situation with a criminal defense attorney.
The Right to Seek Legal Counsel
The rights of the accused also include the right to talk to an attorney before and during any questioning. This means that you are not obligated to answer any questions from the arresting officer, prosecutors, or investigators without speaking to your attorney. Moreover, those who cannot afford to hire an attorney will be appointed for you by the court. Even if you may be tempted to “explain your side of the story” to the arresting officer, it’s best to exercise your right to remain silent until you have discussed these matters with your criminal defense lawyer. Together, you and your attorney can form a strong and effective legal defense strategy that maximizes your chances of securing a fair and favorable outcome.
The Right to a Fair Trial
Accused persons have the right to a fair trial by jury, where your defense team can confront any witnesses against you and call witnesses to testify on your behalf. Moreover, you have the right to appeal a conviction to a higher court if you are not satisfied with the outcome of the jury’s decision. Although the prospect of attending a trial may be daunting and stressful, it’s important to recognize that your highly qualified and trusted criminal defense lawyer will work hard to identify and pursue the most appropriate legal defense strategy that keeps your future as bright as possible.
Facing criminal charges of any kind can be a destabilizing and intimidating experience. If you have been arrested in the Vancouver or Camas area, contact The Vern McCray Law Firm, PLLC, at (360) 834-6262 to discuss your legal rights and options with a trusted and highly experienced criminal defense attorney.
