Your Rights as a Criminal Defendant

You have numerous rights under the Federal Constitution and the Washington State Constitution.We want you to have a basic understanding of your rights so that you are empowered to exercise them. If you are facing criminal charges, hire a criminal defense attorney so that you can mount a strong legal defense and ensure your rights are protected. Here are some of your rights.

The Fourth Amendment

Creates the right to be free from unlawful search and seizure. In general, you have the right to refuse a search of your property or vehicle in the absence of a valid search warrant. However, if law enforcement officers have a search warrant or a valid exception to your Fourth Amendment right is present, you must submit to the search.

The Fifth Amendment

The right to remain silent. This amendment grants us the right against self-incrimination. If you are being questioned by law enforcement regarding a crime, it is usually in your best interest to remain silent. You do not have to answer questions posed to you by law enforcement. When talking to the police never lose sight of the fact that anything you say may potentially bolster the State’s case against you and/or harm your ability to defend yourself against criminal charges. Be polite but firm in your desire to remain silent.

Your right to remain silent extends to situations when being interrogated by law enforcement and when testifying in legal proceedings.

The Sixth Amendment

This amendment guarantees criminal defendants a number of rights, including the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.

This amendment also guarantees the right to be confronted with witnesses against you and to have compulsory process for obtaining witnesses in his favor.  You have the right to cross-examine any witness proffered by the State. Further, you have the right to proffer your own witnesses in support of your defense.

Other Rights

The right to be presumed innocent unless and until the State proves each element of the crimes charged beyond a reasonable doubt.

The presumption of innocence is a constitutional principle. To secure a conviction, the State must prove each element of the crime(s) charged beyond a reasonable doubt. This is the highest legal standard.

The right to an attorney.

You have the right to be represented by an attorney during any police interrogation and during any legal proceeding. Exercise this right. If you do answers questions, your attorney will be there to protect your rights and ensure you do not offer statements that will bolster a criminal case against you.

Also, know that once you ask for an attorney the police are no longer supposed to interrogate you until your attorney is present.

The laws encompassing the rights afforded by the U.S. Constitution and Washington State Constitution are complex and nuanced. Hire a criminal defense attorney to advocate for your rights and mount a strong defense against aggressive prosecution.

DIY Firearms: What Does This Mean and Who Is Fighting Back?

There has been a lot of talk lately about the eight States including Washington, New York, Oregon, and the District of Columbia who are joining in on the lawsuit challenging the outcome of a 2015 case. The verdict of the case allows Defense Distributed’s Cody Wilson to release blueprints for 3D-printed firearms.

In case you are unfamiliar with what is going on, a restraining order blocking the release of downloadable blueprints for 3D-printed firearms has been issued by U.S. District Court Judge Robert Lasnik. This is happening one day after Washington State Attorney General Bob Ferguson, filed a suit challenging the Federal Government’s decision to allow their release.  

What exactly are 3D-printed firearms? 3D-printed firearms are guns that are assembled by a 3D printer using ABS plastic (the same kind of plastic used to make Legos).

Anybody who has enough money, can buy the higher end 3D printer that is required to assemble functional firearms.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a test of the accuracy of 3D-printed firearms in 2013. One gun tested called ABS-M30, fired a .380-caliber round eight times without fail.

The blueprints include plans for an AR-15 style rifle and a Beretta M9 handgun, among other firearms. It is believed that the release of the blueprints would facilitate a broad, unregulated access to dangerous weapons.

This raises concerns because the firearms would be untraceable and virtually undetectable by metal detectors. Also, those who would otherwise be unable to purchase a firearm because, they would fail a background check, could more easily get their hands on one.

For more information check out The Seattle Times  and CNN.

Freedom of Speech

With the comments by President Donald Trump and the protests by NFL players being highlighted in the media, it is important to consider what our laws say about “Freedom of Speech” and this right granted to ALL of us in the United States.

This right is not absolute. State, local and federal governments can limit how people express themselves. Threats and incitations to violence – aren’t protected at all.

Free Speech entitles us:

  1. Not to speak (the right to not salute the flag.)
  2. To protest war
  3. To use offensive words and phrases to convey political messages.
  4. To contribute money to a political campaign.
  5. To advertise commercial products and services (with restrictions)
  6. To engage in symbolic speech (flag burning in protest etc.)

Additionally, free speech isn’t limited. We have these same rights every day. This means, that even speech that other people do not like or agree with is legal. The First Amendment protects speech even if most people find it offensive, hurtful or hateful. The government cannot determine what can and cannot be said.

Your right to protest in public places can be limited. And, your right to protest is protected as long as it is peaceful. The First Amendment doesn’t offer protections for a gathering in which a clear, present danger of riot, disorder and interference of traffic or an immediate threat to public safety exists.

For even more information on your right to Freedom of Speech, visit Us Courts
and Cornell Law

The First Amendment: Free Speech

What exactly does “freedom of speech” mean?

The First Amendment protects our right to free speech specifically stating,

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

When the Bill of Rights was drafted, the First Amendment was put first because many of our Founding Father’s believed these were fundamental, basic rights. It is labeled as a human right, the Universal Declaration of Human Rights declares that,

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”15722ec

The U.S. Supreme Court has struggled often to determine what exactly constitutes free speech and what should be covered under this particular law.

Freedom of speech includes:

  • The right not to speak (salute the flag): West Virginia Board of Education vs Barnette, 1943
  • Students can wear black armbands to school to protest war: Tinker vs Des Moines, 1969
  • Contributing money (under certain circumstances) to political campaigns, Buckley v. Valeo, 1976
  • Symbolic speech, Texas v. Johnson, 1989
  • To use certain offensive words to portray political message, Cohen v. California, 1971

 

Freedom of speech is not:

  • Inciting actions that would harm others, Schenck v. United States,1919
  • Make/distributing obscene materials, Roth v. United State, 1957
  • Burn draft card to protest war, O’Brien v. United States, 1968
  • Printing articles in the school newspaper that are objected by the school administration, Hazelwood School District v. Kulhmeier, 1988
  • Students advocating illegal drug use at a school-sponsored event, Morse v. Frederick, 2007

 

Source: United States Courts- uscourts.gov

 

Legal Terms 101: What is the Fourth Amendment?

The Fourth Amendment is one of the parts of the Constitution that is a legal safeguard. Specifically the Fourth Amendment protects individuals from “search and seizure.”  These protections pertain to:

  • Searches of items or places in which you have a legitimate expectation of privacy. This can include clothing, on your own body, luggage, your car, your home, your place of work, hotel room etc.
  • Unlawfully seized items cannot be used as evidence in criminal cases.

What circumstances does the Fourth Amendment apply to?

  • You are stopped for police questioning while walking down the street.
  • You are pulled over for a minor traffic violation and the officer searches the vehicle’s trunk.
  • You are under arrest.
  • You are arrested at your place of residence.
  • Police enter your place of business to search for evidence.

When can my property be searched or seized lawfully?

  • If the officer has a valid search warrant.
  • If the officer has a valid arrest warrant.
  • There is belief and probable cause that you have committed a crime.

What do I do if my rights were violated?                     

If you believe an unlawful search and/or seizure has been committed, contact Charles A. Johnston Law. We will ensure that any of the evidence obtained during this search will be discarded from potential evidence. This could include a search of your home or workplace without a warrant.

Search-warrantWhen can a search be lawful without a warrant?

There are a few specific instances in which a warrant is not needed.

  • You give an officer consent to the search.
  • There is probable cause to search.
  • If any items are in plain view.
  • During a lawful custodial arrest a full search can be completed.

 

This is an overview of the Fourth Amendment, your rights and specifics of the law. For legal advice please contact our team at 253-473-3090.

 

Source: Cornell University Law School