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.

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