When you are charged with a crime, you may feel hopeless. After all, the prosecutor seemingly has endless resources at their disposal to do everything possible to convict you of this alleged offense. However, it’s important to understand what you can do to protect yourself. You’ll find that one of the most important things you can utilize in conjunction with Harris County criminal defense lawyers is the United States Consitution. If you’re unfamiliar with the rights afforded to you as a criminal defendant, you’ll want to keep reading. The following blog explores what you should know about these important matters.
Do I Have Rights as a Criminal Defendant in Texas?
As a criminal defendant in Texas, there are many protections provided to you under the United States Constitution. Generally, one of the most important rights you have is the right to remain silent. If you are stopped by the police, even if you have not been arrested, you have the right not to answer their questions. For example, if you are pulled over, legally the only thing you must do is provide your identification and documents and exit the vehicle if instructed. As such, if placed under arrest, you will be read your rights. It’s imperative to ensure you do not incriminate yourself by invoking your Fifth Amendment right to silence.
Another set of rights comes under the Sixth Amendment. This guarantees your right to the following:
- The right to an impartial jury trial (with few exceptions)
- The right to a speedy trial
- The right to an attorney, even if you cannot afford one
- The right to confront your accusers
- The right to know what charges have been filed against you
While all these rights are important, one of the most crucial is the right to legal counsel. If you cannot afford a lawyer, you will be given a court-appointed public defender. Though their work is appreciated, they often are overwhelmed with cases, so you should connect with a criminal defense attorney to help provide you with more in-depth assistance.
Finally, one of the most critical rights protects all citizens. Under the Fourth Amendment, law enforcement must have reasonable suspicion that a crime has taken place, a warrant signed by a judge, or your consent to enter and search your property. This is to protect citizens from unreasonable searches and seizures.
What Should I Do if My Rights are Violated?
If you are a criminal defendant and your rights have been violated, it’s critical to connect with an experienced attorney as soon as possible. Not only can they assist in representing your case, but they can fight for appropriate action to be taken for the violation of your rights. For example, if you are arrested based on evidence collected in an unconstitutional search of your home, your attorney can fight to have this evidence deemed inadmissible in court. Similarly, if you were not read your rights and therefore did not know you could remain silent, your lawyer may be able to have your statement barred from trial.
As you can see, the United States Constitution has many protections in place to help shield the criminally accused from unfair behaviors. If your rights are violated, the team at the Sparks Law Firm can help. We understand how complicated these matters can be, which is why our firm is dedicated to fighting for you. Contact us today to discuss your circumstances in further detail.
