What are the rights of criminal defendants in New York?




    When arrested for a crime, you may feel as though your rights have been stripped away. However, despite being arrested, you still have certain rights when facing a criminal trial. You must understand your basic constitutional rights to protect yourself from unlawful prosecution. Continue to follow along to learn about some of the rights criminal defendants have and how one of our adept Nassau County Criminal Defense Attorneys can help defend your rights. 

    Do criminal defendants have rights in New York?

    A criminal trial does not mean you lose all of your rights. Rather, certain laws protect your basic constitutional rights. Under the United States Constitution, these are some examples of your rights:

    • Fourth Amendment Rights. It is critical to understand that law enforcement officers cannot search your property, home, or vehicle without probable cause or a search warrant. Any evidence recovered cannot be used against you in a court of law as it was illegally obtained. Law enforcement officers must have valid grounds for searching your property or seizing your personal belongings as you are protected from unreasonable searches and seizures.
    • Fifth Amendment Rights. Notably, one of the most significant rights you have is your right to remain silent as anything you say can and will be held against you in a court of law. Essentially, when you are arrested, the authorities are required to read you your Miranda Rights. You have the right to refrain from speaking to the police. It is vital to understand this right as it protects you from incriminating yourself.
    • Sixth Amendment Rights. Additionally, you have the right to adequate representation, the right to a speedy and public trial, and the right to confront witnesses. These rights are extremely important to understand as having the right to an attorney can help you fight the charges brought against you. Fortunately, if you cannot afford an attorney, the court will appoint one.
    • Eighth Amendment Rights. Moreover, when arrested for a criminal offense, you cannot be punished cruelly or unusually. As a criminal, you still have basic human rights that must be protected. In addition, you have the right to reasonable bail and there is a limit on the sanctions imposed on you.

    What should I do if my rights have been violated?

    To protect your rights, it is imperative to retain the legal services of an experienced Nassau County criminal defense attorney. If you believe your rights have been violated, it is pertinent to inform your attorney immediately so that proper action can be taken to protect your basic constitutional rights. It is imperative to invoke your rights as it can make a huge difference to the outcome of your case.

    For more information on your rights when facing a criminal trial, contact one of our dedicated and trusted team members. Our firm is committed to helping our clients protect their rights and interests.

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