It can be difficult to know whether or not your rights are being violated as a criminal defendant. After all, if you are being arrested and awaiting trial, you likely have committed a crime, right? Not necessarily. People are unjustly arrested and accused quite often in today’s culture. As experienced bail bondsmen in Arapahoe County and across Colorado, we have provided services for many good people who were arrested unjustly, were in the wrong place at the wrong time, or who made a simple, small mistake. It’s important to look closely at your criminal case as well as determine whether or not your rights were violated during the arrest itself. Let’s take a look at your rights while being arrested:
1. Right to Remain Silent
The most important right of a person who has been accused of a crime is the right to remain silent. The police cannot force you to divulge information about your case. This right is rooted in the Fifth Amendment, which – simply put – means you aren’t required to prove your innocence. Instead, the police and investigators must prove you are guilty. If the police force you in any way to provide information or speak about you case, your rights have been violated.
2. Right to an Attorney
Another basic right for a person accused of a crime is the right to have an attorney present during questioning and as representation during trial. If the police denied you the right to an attorney’s presence during questioning, or if they questioned you while your lawyer was out of the room then your rights may have been violated. According to law, you have the right to an attorney, even if you can’t afford one. If you don’t have sufficient funds, a state-paid lawyer will be assigned to your case.
3. Right to be Treated as Innocent
Another basic right for people accused of a crime is to be treated as if they are guilty before the state has proved they are guilty. This is true no matter how strong the evidence is that you committed a crime. If you were unfairly treated or punished before your trial, it is like your rights have been violate.d
4. Rights to Fair Treatment
There are a couple rules related to fair treatment of a criminal defendant. The police cannot brutalize or treat you unfairly during your arrest or while in custody. Humane treatment must be given at all times. If you were deprived of basic rights such as food or water (or subjected to “cruel and unusual punishment”) while in custody, your rights may have been violated. Additionally, the government cannot hold you unfairly – for example, you cannot be arrested and held for an extended amount of time without being charged with a crime. In most states, this official charge must be within 48 hours of an arrest. If you were held without being charged, it is likely your rights were violated.
5. Right to a Speedy Trial
According to law, the government cannot draw out your criminal case and wait to begin your trial. You have a right to a “speedy trial.”
Get Bailed Out of Jail Fast So You Can Begin Your Defense
If you or a loved one has been arrested, it is crucial that you get out of jail as fast as possible. This is especially true if you believe your rights as a criminal defendant have bene violated. The sooner you work with a criminal defense lawyer the better. Contact an expert bail bondsman to learn more about how bail bonds can get you out of jail fast!
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