The U.S. Constitution provides a number of legal rights. However, several amendments are especially important when it comes to criminal cases.
You don’t need to be a legal expert on criminal law, but it can certainly help to remember key constitutional rights. Here are some important ones to consider.
Fifth Amendment rights
Many people think they have to talk to the police when questioned. Sometimes, the police may even suggest that this is the case. However, the Fifth Amendment says differently. You are under no obligation to talk to the police. In fact, it may be in your best interests not to.
The problem with talking, even when you are innocent, is that you could make a simple error that suggests guilt. For example, the police may ask where you were last night. You may then tell them that you were at a friend’s house. The problem is, you mixed up your days and now it looks like you have lied. Asserting your Fifth Amendment right to remain silent is worth remembering.
Fourth Amendment rights
Criminal cases often revolve around physical evidence. This evidence may be seized during searches. However, the Fourth Amendment states that these searches must be lawful. They must be based on probable cause, and officers generally need to have a search warrant. While you can let law enforcement onto your property, the Fourth Amendment says that you don’t have to.
Sixth Amendment rights
Facing criminal charges on your own can be daunting. Fortunately, the Sixth Amendment says that you don’t have to. At any stage of the criminal process, you have a right to legal representation. Seeking legal guidance can help you find out more about your constitutional rights and criminal defense options.