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Maintain Your Rights in the Process

One of the biggest challenges you can face in your lifetime is being involved in a criminal case. The judicial system needs to follow a lengthy list of procedures in order to establish innocence or guilt, and complying with those procedures is the only way to ensure your side of the story is heard. While you may have heard from internet experts about how easy it is to represent yourself and win a case that will “show them all”, the truth is that the criminal justice system is complicated. Unless you hire an experienced criminal lawyer or DUI lawyer, if the matter involves a DUI, who specialized in the types of situations you are currently dealing with, a dismissal or other type of favorable outcome can be highly unlikely at times. A top ranking Miami criminal lawyer will not only have the knowledge and skills required to represent your case in a better manner; he or she will also have access to vital resources that can turn the case around in your favor.

What Rights Do You Have in the Criminal Process?
Now before you have the opportunity to hire a Miami criminal defense attorney, chances are you may receive a visit from a law enforcement officer representing a state or federal agency. In this type of situation, it certainly helps to know what your rights are in the criminal process and exercise them. This is one way of making sure that you don’t end up facing extra charges against you, and it also ensures that you fully exercise your constitutional rights as a citizen.

Here are some of the rights every person is guaranteed in the criminal process.

  • Right to Remain Silent: Perhaps the most famous and well known right of all, the right to remain silent falls under the fifth amendment of the US constitution. In other words, you don’t have to speak to anyone including police officers, prosecutors, or any other person if you are afraid you will incriminate yourself. It is best to stay silent and get access to a criminal attorney in Miami as soon as possible.
  • Right to Representation: Under the sixth amendment, any person accused of a crime has the right to hire an attorney for his or her defense. If you cannot afford an attorney, the judge must appoint one for you at no cost. Furthermore, your attorney must also do a good job and represent you in a manner that is “adequate”. This means that your lawyer must reasonably present your case and be willing to defend you.
  • Additional Rights: A person accused of a crime also has the right to be told the charges they are being held on or arrested for. The arresting person or persons must read them their constitutional Miranda rights. If you are arrested, you have the right to see any relevant warrants, contact someone, get in touch with a criminal defense attorney, and receive humane treatment at all times. You also have the right to stop answering questions at any time, see a judge within a reasonable amount of time after the arrest, and be released on bail unless charged with a capital crime.

If you have any questions or concerns, contact a Miami criminal lawyer from our office as soon as possible for your free consultation, (305) 615-1285.

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The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.