If you are facing criminal charges in New York, you may feel hopeless as you face an array of harsh penalties. However, criminal defendants are provided certain protections under the United States Constitution. Please continue reading to learn the rights criminal defendants are afforded and how a skilled Rockland County Drug Possession Attorney can effectively represent your interests.
What Are the Rights of Defendants in Drug Charge Cases?
Contrary to popular belief, criminal defendants are afforded various protections under the United States Constitution. One of the most important rights you have as a defendant is the requirement that the prosecution must prove your guilt beyond a reasonable doubt to render a conviction. Nevertheless, defendants have other rights too.
The Fourth Amendment provides citizens protection from unlawful searches and seizures. Only under certain circumstances can the authorities search a person’s body or property. Essentially, law enforcement must have reasonable suspicion that a crime has been committed to attain a warrant from a judge or consent.
The Fifth Amendment provides defendants with the right to remain silent. If a defendant chooses to evoke their right to remain silent, the prosecutor cannot call the defendant as a witness to testify, nor can a judge or defense attorney. The Fifth Amendment to the U.S. Constitution ensures that defendants are protected from self-incrimination. It’s important to understand that you have the right to not answer questions posed by law enforcement. If you are placed under arrest, you will be read your rights and you can choose to invoke your Fifth Amendment right to remain silent.
In addition to your right to remain silent, among the clauses of the Fifth Amendment, defendants have the right not to be placed in double jeopardy. This protects defendants from being put on trial more than once for the same offense. The Sixth Amendment to the U.S. Consitution provides numerous rights, guaranteeing the following:
- The right to an impartial jury
- The right to confront witnesses
- The right to a speedy trial
- The right to a public trial
- The right to a jury trial
- The right to be represented by an attorney
- The right to know what charges have been filed against you
What Should I Do If My Rights Are Violated?
If you are facing drug charges and believe that your rights have been violated, it’s in your best interest to connect with an experienced Rockland County drug possession attorney as soon as possible. Our legal team will fight for the appropriate action to be taken in response to the violation of your Constitutional rights. For instance, if you were arrested based on evidence collected in an unconstitutional search of your home or vehicle, we can file a motion to suppress this evidence, making it inadmissible in court. Having certain evidence suppressed can weaken the prosecution’s case, maximizing your chances of reduced or dismissed charges.
As you can see, criminal defendants have numerous rights. At The Law Office of Carl Spector, we are prepared to help you fight for you and craft a robust defense strategy to shield you from your charges. Connect with us today to discuss your circumstances in further detail with a qualified attorney.
