If you have been arrested in New York, it’s important to know your rights. The United States Constitution provides various legal protections to citizens, ensuring they receive due process under the law. Please continue reading as we explore the rights of criminal defendants in New York and how an experienced Rockland County Criminal Defense Attorney can help you navigate this complex process.
What Rights Am I Afforded After Getting Arrested in New York?
Following an arrest you must assert your rights. First, it’s crucial to understand that the police are required to read you your Miranda Rights before any questioning. This warning gives you the opportunity to exercise your Fifth Amendment right against self-incrimination. You have the right to remain silent. Essentially, this means you don’t have to speak to the police, you can politely decline to answer and request to speak to an attorney. After you have requested legal representation, the police are prohibited from asking you any questions without your attorney present. The Sixth Amendment to the U.S. Constitution provides the right to an attorney. You have the right to speak with an attorney before answering any questions. If you cannot afford one, the court will appoint a public defender to represent you.
In addition, you have the right to be informed of the charges against you. Knowing the nature of the charges being brought against you and who your accusers are will allow you to defend yourself, ensuring you receive a fair trial. This information can be used to gather evidence to build a robust defense strategy. You should also note that judges are not permitted to set bail at an excessive amount. The Eighth Amendment prohibits bail that is so high that it’s unreasonably punitive or attainable. The amount of bail that is set must be in proportion to the severity of the offense and the flight or safety risk that you pose to the general public.
Furthermore, you have the right to a speedy and public trial by a jury of your peers. This clause protects defendants from unnecessary delays in their criminal trial. Likewise, you have the right to confront the witnesses against you. While there are no federal laws that make this right absolute, New York State enforces the right to make a phone call after being booked.
If you have been arrested, it’s in your best interest to consult an attorney who can explain your rights and legal options moving forward. Contact The Law Office of Carl Spector today to speak with a seasoned criminal defense attorney who can asses the circumstances of your case and provide guidance.
