Getting arrested can be frightening. If you’ve found yourself in handcuffs, it’s crucial to understand your rights to ensure that you aren’t unfairly penalized for something you didn’t do. Please continue reading as we explore the rights of criminal defendants in New York and how our skilled Nassau County Criminal Defense Attorneys can help you navigate the complexities of the justice system.
What Rights Am I Afforded After Getting Arrested in New York?
When you are arrested, it’s important to understand that the United States Constitution offers various legal protections, ensuring you get due process under the law. These rights start even before an arrest is made. Before a prosecutor can render a criminal conviction, you are presumed innocent until proven guilty. This is part of your right to a fair trial. Some of your constitutional rights include:
- The right to remain silent: The Fifth Amendment to the U.S. Constitution offers protection against self-incrimination. Under this amendment, a defendant cannot be compelled to testify against themselves. When you are arrested, you are only obligated to provide basic information to the police. If they ask you questions, you can politely decline to answer and ask to speak with an attorney.
- The right to legal counsel: The Sixth Amendment to the U.S. Constitution affords you the right to an attorney in a criminal case. If you cannot afford an attorney, a public defender will be appointed to represent you by the court. After you have asked for legal representation, the police are prohibited from asking you any questions without your attorney present.
- The right to a phone call: Although no federal laws make this right absolute, New York State law enforces the right to make a phone call to a lawyer or family member after being arrested. You should note that police officers can be held civilly liable for denying this.
- The right to avoid excessive bail: The Eighth Amendment to the U.S. Consitution prohibits judges from setting bail so high that it’s unreasonably punitive or attainable.
- The right to understand the charges against you: To ensure a fair trial, you have the right to know the charges against you, ensuring that you have the opportunity to defend yourself against specific charges.
- The right to be brought before a judge without unnecessary delay: Following an arrest, you have the right to be brought before a judge for an initial appearance within 24 hours, where you will be informed of the charges against you and your right to legal representation. If the prosecution has not charged you within this period, you must be released from custody.
- The right to a trial by jury: The Sixth Amendment to the U.S. Constitution also provides the right to a speedy and public trial, by an impartial jury where the crime has been committed.
As you can see, various rights are granted to citizens under both federal and state law; however, the rights outlined above are the most critical to consider following an arrest. Connect with an attorney from KCS Law to discuss your legal options.
