lawyer talking to the accused

The Legal Rights of an Accused

Getting entangled with the law is a complicated and often stressful experience. It’s often something that one cannot face alone. That’s why you need the help of an attorney. Having a lawyer with you in instances when you are accused of a crime can take some of the heavy burdens off your shoulders.

Everyone has rights, even those accused of crimes. The law gives protection to those who are under investigation in criminal proceedings. It’s important that you are aware of these rights so that you don’t experience any immoral or unlawful treatment.

Hiring an experienced criminal lawyer in Long Island or anywhere in the U.S. will educate you and protect you from violations of these rights.

Right to remain silent

When an accused is called to be investigated for a crime charged against them, he or she has the right to be silent. That means you don’t have to disclose any information or answer any questions asked of you without the presence of a lawyer.

Right against self-incrimination

An accused in the witness stand has the right against self-incrimination. He or she has the right to refuse to answer questions asked them in the witness stand if the answer would constitute an incriminating statement. This, however, only applies to testimonial compulsion, which means that it doesn’t apply to mechanical or physical evidence.

Right to an attorney

All people under investigation for a crime have the right to have an attorney. An accused should be informed of this right and must be given a chance to avail the service of a lawyer of his choice. If he cannot afford a lawyer, the court should appoint one for him.

Right to a speedy, fair, and public trial

Criminal cases can get very lengthy and complicated. But the law protects the well-being of the accused by granting them a speedy, fair, and public trial. A speedy trial means that there should be no unreasonable and unnecessary delay that will affect the case.

A fair trial entails that the judge should be unbiased and should decide the case based on the evidence presented and not accounting for personal opinions. A public trial is required to ensure transparency and protection of the interest of the accused.

Right to a reasonable bail

The law prohibits the imposition of excessive bail. That means that the amount imposed by the judge who grants the bail must be fair. There should be no excess charges to prevent the accused from being able to post it. It should be reasonable based on the crime charged and must follow the guidelines for granting bail.

Right to be informed of the charges

The accused has the right to be informed of the nature and cause of the accusations against him. This is provided by the law to give the accused the opportunity to prepare his defense. There are requirements imposed by law on the sufficiency of the complaint or information in order to be able to give sufficient and proper notification to the one charged.

Right to confront witnesses

police asking a witness

The accused has the right to provide his own witnesses and to confront the witnesses testifying against him. He or she should not be denied access to speak to or communicate with essential witnesses.

To enjoy the protection granted to you by the law, you should be aware of these rights or have a lawyer who can help you in all the stages of the legal proceedings.

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