Know Your Rights
When arrested for a drug offense whether guilty or innocent, individuals have rights. The police have the authority to make recommendations regarding what charges should be brought against you, but they cannot decide the charges; the prosecutor can only do this. As a defendant, it is important that you do not let police intimidate you, even when they begin listing what they will charge you with - this is not within their authority.
At Grabel & Associates, our Michigan drug crime attorneys want to educate and inform those who have been arrested for drug possession, manufacturing, and other offenses related to illicit drugs and substances. You do have legal rights, and until proven guilty beyond a reasonable doubt you are innocent.
The U.S. Constitution Guarantees Certain Rights
Regardless of whether you have been arrested for a crime, accused and under investigation, or have been convicted, you still have legal rights that must not be violated. If your legal rights are violated at any time during the process, it could work in your favor.
Whether you are arrested or detained, you have the right to remain silent. The only information you should provide is your name and address; if requested, provide identification. Legally, you do not have to answer any questions, and it is usually best to remain silent.
If Arrested, What are Your Rights?
You should be given your Miranda rights. Your Miranda rights are guaranteed under the U.S. Constitution. When arresting authorities fail to inform you of these rights, any statements you do make may not be admissible in court if your lawyer requests they be thrown out. The arresting officer should inform you of the following:
- You have the right to remain silent.
- Anything you say may be used against you.
- You have a right to have a lawyer present while you are questioned.
- If you cannot afford a lawyer, one will be appointed for you.
You have the right to an attorney. While you can represent yourself, this is not advised. Every individual who has been arrested or charged with a drug crime has the right to obtain legal counsel. You may choose your own attorney, or the court will appoint one at no cost.
You have the right to a jury trial. Regardless of the crime you are accused of committing, you have the right to a trial consisting of impartial jurors. Defendants are always presumed innocent, and must be found guilty beyond a reasonable doubt.
You have the right to confront or question witnesses. When a witness testifies against you at trial, you have the right to cross-examine or question that witness.
You have a right against self-incrimination. As the defendant, you may remain silent so that you avoid the possibility of incriminating yourself. However, you also have the right to testify on your own behalf if you desire to do so. Your attorney can advise you whether it is a good idea to testify.
You have the right to produce evidence. Often times, defendants know of evidence which may favorably affect the outcome of the case. You may present your evidence to the court, or file a motion requesting a subpoena so that any evidence or witnesses that may favorably affect the outcome are brought forth to court.
Knowing your rights can affect the outcome of your case. Whether you have been arrested or charged with a drug offense, you must know your rights, and that you are innocent until proven guilty. At Grabel & Associates, our skilled team of dedicated Michigan drug crime defense lawyers is ready to protect your freedom and reputation. Call us today at 1-800-342-7896 for unparalleled legal representation. Contact us online.