A lot of the rights that we have as the injured, or as the cause, of a court case are the same across all states. In spite of the fact that states can alter their criminal justice systems if they wish to, and that New York has recently introduced reforms. We put together this article to name some of the rights of both the suspect and the accused in New York State.
The Rights of Suspect and Accused in New York
There are several rights that you have whether you are a suspect, or whether you have been accused, of a crime.
1 – You have the right to be represented by an attorney
Regardless of what anyone tells you, regardless of whether the arresting officers remind you of it or not – you have the right to be represented by an attorney. This right ensures that you are protected while in police custody, but you should use it as soon as you arrive at the station. Tell them you will only talk with your attorney present and stick to your guns. You do not need to say anything at all until your lawyer arrives.
Additionally, if you can’t afford an attorney one will be appointed for you.
2 – You have the right to a fair trial
This means that your trial will allow you to be judged by a jury of your peers. This right ensures that you are never judged by a group of your ‘betters’ and allows the court system to operate under democratic laws.
3 – You have the right to due Process
Due process means that all care must be taken during your trial. The handling of facts, information or evidence must be done so in a legal and safe manner which is not harmful to you. If the detectives in charge of your case have not carried out due process, you may be able to get off with whatever they are accusing you of. Due process covers things like search warrants and evidence.
4 – You retain your civil rights
You do not lose any of your human rights while you are in custody. This stops you from being starved, injured or beaten, and means that the criminal justice system has a duty of care to you. Breaches in this duty of care should always be reported so that the police can be held accountable.
5 – The Right to Privacy
You have the right to privacy. The police should not be spreading details of your case to anyone at this point. You have not been confirmed charged in a court of law and the burden of proof lies with the opposing party. Until a court has found your guilt none of your personal details should be released. Again, if this sounds too familiar to you then report those incidents. Just because you are being accused of a crime doesn’t mean you lose your rights. Lawyer up, buckle down, and keep a very calm and serene manner.
Do You Need Legal Representation?
If you need representation in any type of court case or lawsuit, don’t forget that you can contact a Rochester criminal attorney at any time of day or night. A criminal defense lawyer will be your greatest ally when it comes to protecting your rights and your reputation.
